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UNIVERSITY  OF  CALIFORNIA.  SAN  DIEGO 


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Social  Sciences  &  Humanities  Library 

University  of  California,  San  Diego 
Please  Note:  This  item  is  subject  to  recall. 

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CI  39  (5/97)                                                                          UCSD  Lib. 

THE  DEPARTMENT  OF  STATE 


The  author  is  anxious  to  express  a  sincere 
hope  that  others  of  his  fellow  countrymen, 
profiting  by  what  may  be  useful,  avoiding 
what  may  be  erroneous,  supplying  what  may 
be  defective  in  his  labors,  may  by  them  be 
stimulated  to  undertake  and  execute  a  better 
treatise  upon  the  same  subject. — Phillemore's 
International  Law,  preface,  XXIII. 


The  Department  of  State 

of  the 

United  States 

ITS    HISTORY   AND   FUNCTIONS 


By 
Gaillard  Hunt,  Litt.D.,  LL.D. 

Lately  Chief  of  the  Bureau  of  Citizenship 
Department  of  State 


NEW  HAVEN:  YALE  UNIVERSITY  PRESS 

LONDON:   HUMPHREY  MILFORD 

OXFORD  UNIVERSITY  PRESS 

MDCCCCXIV 


Copyright,  1914 
By  Yale  University  Press 


First  printed  July,  1914,  1000  copies 


To  Alvey  Augustus  Adee,  Esquire, 

The  Second  Assistant  Secretary  of  State. 

My  dear  Mr.  Adee, 

Long  years  of  delightful  association  as  one  of  your 
subordinates  in  the  State  Department  taught  me  to 
know  how  much  the  Department  owes  to  you.  You 
have  given  your  life  to  its  service.  You  have  brought 
to  that  service  diversified  scholarship,  peculiar  apti- 
tude, unselfish  loyalty  and  a  gentleman's  sense  of 
honor.  You  have  guided  our  foreign  relations  through 
a  hundred  storms.  The  best  traditions  of  the  Depart- 
ment are  personified  in  you.  I  beg  you  to  accept  this 
history,  because  there  is  no  one  else  to  whom  it  can 
so  appropriately  be  dedicated,  and  because  I  wish  to 
give  myself  the  gratification  of  once  more  subscribing 
myself 

Your  friend, 

Gaillaed  Hunt. 
Washington,  April  6,  1914. 


PREFACE 

IN  1893  I  prepared,  as  a  part  of  the  exhibit  of  the 
Department  of  State  at  the  World's  Fair  at 
Chicago,  an  historical  sketch  of  the  Department, 
which  it  subsequently  reprinted  for  its  use.  This 
sketch  furnished  the  basis  of  two  briefer  pamphlets 
on  the  same  subject,  one  for  the  Exhibition  at  Omaha 
in  1898  and  the  other  for  the  Buffalo  Exhibition  in 
1901.  Beginning  in  October,  1907,  and  running  until 
October,  1912,  the  American  Journal  of  International 
Law  printed  the  completer  study  of  the  Department 
which,  with  some  rearrangement  and  additions, 
constitutes  this  volume.  Remarkable  to  say,  it 
is  the  only  historical  study  of  one  of  the  Executive 
Departments  that  has  thus  far  appeared. 

My  object  has  been  to  show  the  formation  and 
development  of  the  Department  of  State  and  what  its 
chief  duties  are  and  have  been.  I  have  written  no 
diplomatic  history  of  the  United  States,  or  biographi- 
cal sketches  of  the  Secretaries  of  State.  My  concern 
has  been  with  the  machine  of  which  the  foreign  service 
is  a  part  and  whose  movements  the  Secretary  of  State 
directs. 

There  are  many  long  citations  from  laws,  circulars, 
and  regulations  here;  but  they  tell  the  story  more 
accurately  than  a  paraphrase  could  do,  and  I  wish  to 
make  this  book  definitive,  as   far  as  it  goes.     The 


viii  PREFACE 


authorities  which  I  have  used  are  indicated  in  the 
notes;  but  the  most  important  facts  in  the  book  are 
those  which  I  found  in  the  records  from  time  to  time 
during  my  many  years  of  service  in  the  Department, 
or  learned  personally  from  my  colleagues,  whom  I  like 
to  think  of  as  my  friends. 

G.  H. 


CONTENTS 

^1.  The  Committee  for  Foreign  Affairs  ...       1 

^  II.  The  Department  of  Foreign  Affairs,  I       .          .14 

v  III.  The  Department  of  Foreign  Affairs,  II     .          .38 

'J IV.  The  Creation  of  the  Department  of  State  .          .     54 

J  V.     The  New  Department 79 

^  VI.  Sometime  Duties  of  the  Department           .          .   117 

^VII.  Occasional  Duties  of  the  Department         .          .   158 

N  VIII.  Subdivisions  of  the  Department,  I    .          .          .   187 

IX.  Subdivisions  of  the  Department,  II  .          .          .   210 

X.  The  Seal.     Commissions.    Appointments  .          .   248 

XI.     The  Laws 275 

XII.  The  Constitution.    Chief  Publications.    Library. 

Relics.    Objects  of  Art     ....   314 

XIII.  The  Diplomatic  and  Consular  Service       .  .   331. 

XIV.  Passports.     Authentications.     Registrations       .   350 
XV.  Authentications.     Introductions        .          .          .   383 

XVI.     Treaties.     Extradition.     Classification  of  Corre- 
spondence.   Distribution  of  Duties     .  .   396 

XVII.     Buildings  occupied 427 

Bibliographical  Note        .....  438 


THE  DEPARTMENT  OF  STATE 


CHAPTER  I 

THE  COMMITTEE  FOR  FOREIGN  AFFAIRS 

THE  first  Congress  of  the  Revolution  assembled 
in  Carpenters'  Hall,  Philadelphia,  September  5, 
1774.  An  address  to  the  King  of  England  was 
adopted  on  October  25,  and  transmitted  to  the  agents 
of  several  of  the  colonies  in  London,  with  instructions 
to  present  it  to  the  King.  They  were  to  ask  the  aid 
of  such  Englishmen  as  they  might  have  reason  to 
believe  were  "friends  to  American  Liberty."  The 
instructions  were  drafted  October  26,  1774,  by  Richard 
Henry  Lee,  and  were  sent  to  Paul  Wentworth,  who 
represented  New  Hampshire,  Charles  Garth,  a  member 
of  Parliament,  the  agent  of  South  Carolina,  William 
Bollan,  agent  of  the  Massachusetts  Council,  Thomas 
Life,  the  agent  of  Connecticut,  Edmund  Burke,  who 
had  been  chosen  agent  of  New  York  in  1771,  Arthur 
Lee,  who  held  an  appointment  to  succeed  Benjamin 
Franklin  as  agent  of  the  Massachusetts  Assembly,  and 
Franklin  himself,  who  had  been  appointed  in  1765 
agent  of  Pennsylvania,  in  1768  of  Georgia,  in  the  same 
year  of  New  Jersey,  and  in  1770  of  the  Massachusetts 
Assembly.1  For  the  first  time,  these  agents  were 
deputed  to  act  for  the  United  Colonies,  but  Bollan, 
Lee,  and  Franklin,  who  alone,  according  to  Franklin, 

1  Journals  of  the  Cont.  Cong.   (Library  of  Congress  edition),  I,  104, 
et  seq. 


THE  DEPARTMENT  OF  STATE 


"properly  had  anything  to  do  with  the  tea  business,"1 
were  the  only  ones  who  accepted  the  service.  Their 
duties  were,  to  a  certain  extent,  diplomatic,  and  they 
were  the  representatives  of  a  power  that  was  soon 
to  become  independent. 

Before  separation  from  England  was  actually  deter- 
mined upon,  it  was  resolved  that  the  Continental 
Congress  should  conduct  the  foreign  affairs  of  the 
colonies.  The  sketch  of  Articles  of  Confederation 
submitted  July  21,  1775,  by  Franklin  contained  these 
words  in  Article  V : 

That  the  power  and  duty  of  Congress  shall  extend  to  the 
determining  on  war  and  peace;  the  sending  and  receiving 
ambassadors,  and  entering  into  alliances  (the  reconciliation 
with  Great  Britain).2 

This  proposed  article  pointed  to  the  approaching 
declaration  of  independence,  as  the  sending  and 
receiving  of  ambassadors  and  forming  alliances  were 
attributes  of  sovereignty. 

After  independence  had  been  declared,  Articles  of 
Confederation  and  Perpetual  Union,  prepared  by 
John  Dickinson  of  New  Jersey,  were  proposed  on 
July  12,  1776.    Article  XVIII  declared: 

The  United  States  assembled  shall  have  the  sole  and  exclu- 
sive right  and  power — of  determining  on  peace  and  war, 
....  sending  and  receiving  ambassadors  under  any  char- 
acter, entering  into  treaties  and  alliances,  etc. 

The  draft  of  the  Articles  submitted  by  the  com- 
mittee of  the  whole,  August  20,  was  to  the  same  effect,3 


i  Works   (Bigelow),  V,  509. 

2  Journals  of  Cong.,  II,  195. 

3  Ibid.,  V,  550,  674. 


THE  COMMITTEE  FOR  FOREIGN  AFFAIRS        3 

and  this  appeared  as  Article  IX  in  the  Articles  bear- 
ing date  July  9,  1778,  and  finally  ratified  March  1, 
1781. 1  After  the  colonies  had  formed  a  union  none 
of  them  attempted  to  separately  conduct  any  foreign 
affairs  of  consequence. 

The  channel  through  which  flowed  all  action  relating 
to  the  rest  of  the  world  being  the  Congress,  that  body 
made  its  first  effort  to  provide  for  a  subordinate 
conimittee  which  should  have  immediate  charge  of  the 
subject  on  November  29,  1775,  when  the  Committee  | 
of  Secret  Correspondence  was  created  by  the  following 
resolutions : 

Resolved,  that  a  committee  of  five  be  appointed  for  the  sole 
purpose  of  corresponding  with  our  friends  in  Great  Britain, 
Ireland,  and  other  parts  of  the  world,  and  that  they  lay  their 
correspondence  before  Congress  when  directed. 

Resolved,  that  this  Congress  will  make  provision  to  defray 
all  such  expenses  as  may  arise  by  carrying  on  such  corre- 
spondence, and  for  the  payments  of  such  agents  as  they  may 
send  on  this  service. 

The  members  chosen :  Mr.  Harrison,  Dr.  Franklin,  Mr. 
Dickinson,  Mr.  Johnson  and  Mr.  Jay.2 

Franklin  was  the  chairman  and  guiding  spirit. 
The  Committee  at  once  opened  correspondence  with 
several  residents  of  Europe,  chief  among  whom  were 
Arthur  Lee,  who  was  instructed  to  communicate  with 
Count  Vergennes,  in  Paris,  and  Charles  W.  F.  Dumas, 
a  Swiss  gentleman,  then  residing  at  The  Hague,  a 
friend  of  Franklin's  and  a  student  of  international 
law.     The  first  representative  sent  by  the  committee 

i  Journals  of  Cong.,  XIX,  217. 
2  Ibid.,  Ill,  392. 


THE  DEPARTMENT  OF  STATE 


abroad  was  Silas  Deane  of  Connecticut.  His  instruc- 
tions, dated  March  3,  1776,  are  to  appear  in  France 
"in  the  character  of  a  merchant,"  as  the  "Court  of 
France  may  not  like  it  should  be  known  publicly  that 
any  agent  from  the  Colonies  is  in  that  country,"  but 
to  confide  to  Count  Vergennes  that  he  has  come  ' '  upon 
business  of  the  American  Congress."  He  is  to 
endeavor  to  obtain  arms  and  ammunition  for  the 
defense  of  the  colonies,  and  to  ascertain  whether,  in 
the  event  of  their  being  "forced  to  form  themselves 
into  an  independent  state,"  France  would  feel  dis- 
posed to  enter  into  a  treaty  of  friendship  and  alliance 
with  them.1 

September  26,  1776,  the  mission  to  France  was 
made  a  commission,  with  Deane,  Franklin,  and 
Thomas  Jefferson  as  the  members.  They  were  elected 
by  Congress,  and  a  committee  composed  of  Robert 
Morris,  Richard  Henry  Lee,  George  Wythe,  and  John 
Adams  was  chosen  "to  prepare  the  draft  of  letters 
of  credence"  to  the  commissioners  and  their  instruc- 
tions.2 Jefferson  declining  to  serve,  Arthur  Lee  was 
elected  in  his  place.3 

It  was  decided  later  to  send  commissioners  to  other 
European  states,  and  on  January  2,  1777, 

The  Committee  of  Secret  Correspondence  brought  in  the 
form  of  a  commission  to  B.  Franklin,  commissioner  to  the 
court  of  Spain,  which  was  read,  and  after  debate: 

Resolved,  that  it  be  recommitted  to  a  committee  of  three. 

i  Diplomatic  Correspondence  of  the  American  Revolution  (Wharton), 
II,  78. 

2  Journals  of  Cong.,  V,  827,  828. 

3  Ibid.,  VI,  897. 


THE  COMMITTEE  FOR  FOREIGN  AFFAIRS        5 

The  members  chosen  were  Samuel  Chase,  James 
Madison,  and  John  Adams.1 

The  commission,  as  finally  approved,  began : 

Whereas  a  friendly  and  commercial  connection  between 
the  subjects  of  his  Catholic  Majesty  the  King  of  Spain  and 
the  people  of  these  states  will  be  beneficial  to  both  nations, 

and  gave  him  power  to  form  a  treaty  of  friendship 
and  "for  assistance  in  carrying  on  the  present  war 
between  Great  Britain  and  these  United  States." 
Arthur  Lee  was  also  commissioned  for  Spain,  the 
commission  bearing  date  June  5,  1777.  William  Lee 
was  commissioned  for  Germany  and  Prussia,  July  1, 
1777,  and  Ralph  Izard  for  Tuscany.  William  Lee  was 
also  elected  commissioner  to  Vienna,  but  he  was  never 
commissioned.2  The  envoys  to  Germany,  Prussia, 
Tuscany,  and  Austria  never  performed  any  diplomatic 
functions  at  those  courts. 

On  January  30,  1776,  Robert  Morris  was  added  to 
the  Committee  of  Secret  Correspondence;  on  October 
11,  Richard  Henry  Lee,  John  Witherspoon,  and 
William  Hooper.3  This  completes  the  list  of  those 
who  served  upon  it.  Its  functions,  after  its  first  action, 
were  unimportant,  all  the  instructions  to  the  com- 
missioners abroad  being  drawn  up  by  Congress  upon 
reports  of  special  committees.  Arthur  Lee  and 
Thomas  Morris,  who  acted  as  the  commercial  agents 
of  the  colonies  while  the  committee  was  still  in  exist- 
ence, did  not  correspond  with  it,  but  were  under  the 

i  Journals  of  Cong.,  VII,  9. 
2  Ibid.,  VIII,  519,  et  seq. 
s  Ibid.,  YI,  3067. 


THE  DEPARTMENT  OF  STATE 


jurisdiction  of  the  Secret  Committee  of  Congress,  a 
separate  committee  from  the  Committee  of  Secret 
Correspondence. 

On  April  17,  1777,  the  title  of  the  committee  was 

changed,  and  it  became  the  "committee  for  foreign 

!  affairs."    The  first  members  were  Benjamin  Harrison, 

Eobert   Morris,   Thomas   Hayward,   Jr.,   and   James 

Lovell. 

The  first  secretary  was  Thomas  Paine.  He  was 
elected  April  17  and  his  salary  fixed  at  $70  per  month.1 
The  selection  of  so  conspicuous  a  man  indicates  an 
intention  on  the  part  of  Congress  to  make  the  secre- 
tary of  the  committee  something  more  than  a  clerk; 
and  Paine  conceived  himself  to  be  in  some  sort  a 
secretary  for  foreign  affairs.  He  did  not  perform  his 
duties  to  the  satisfaction  of  Congress,  however,  and 
was  dismissed  January  16,  1779,  for  making  an 
official  matter  public.  On  that  day  the  papers  of  the 
committee  were  taken  out  of  his  hands.2 

The  chief  function  of  the  committee  was  to  furnish 
the  agents  of  the  government  abroad  with  accounts 
of  the  course  of  events  in  America.  Beyond  that  it 
acted  simply  as  an  agent  to  execute  the  orders  of 
Congress.  The  members  were  constantly  changed, 
and  the  communications  reflected  the  opinions  of  those 
who  happened  to  be  serving  at  the  time  they  were  sent. 

Communications  relative  to  foreign  affairs  were 
usually  referred  by  Congress  to  special  committees; 

i  Journals  of  Cong.,  VII,  274. 

2  Conway,  Life  of  Thomas  Paine,  I,  90,  et  seq.  Cont.  Cong.  MSS., 
Lib.  Cong.,  55,  17,  et  seq. 


THE  COMMITTEE  FOR  FOREIGN  AFFAIRS        7 

and  May  1,  1777,  less  than  a  month  after  the  Foreign 
Affairs  Committee  had  been  instituted,  James  Wilson, 
John  Adams,  and  Richard  Henry  Lee  were  selected 
a  committee  to 

inquire  into  the  laws  and  customs  of  nations  respecting 
neutrality,  and  to  report  their  opinion,  whether  the  conduct 
of  the  King  of  Portugal,  in  forbidding  the  vessels  of  the 
United  States  to  enter  his  ports,  and  ordering  those  already 
there  to  depart  at  a  short  day  is  not  a  breach  of  the  laws  of 
neutrality.1 

Inquiries  of  this  character,  it  might  reasonably  be 
expected,  should  have  fallen  within  the  functions  of 
the  Foreign  Affairs  Committee,  but  rarely  did  so. 

The  communications  of  the  committee  were  usually 
signed  by  several  of  the  members;  but  James  Lovell 
signed  them — often  "for  the  committee" — continu- 
ously up  to  the  time  the  committee  was  superseded 
by  the  department  of  foreign  affairs.  He  was  the 
most  active  member  of  the  committee  and  its  business 
was  carried  on  chiefly  by  him.  He  was  a  Boston 
school  teacher,  born  in  that  town  October  31,  1737, 
and  graduated  from  Harvard  in  1756.  After  Bunker 
Hill  battle  he  was  imprisoned  by  the  British,  but  was 
exchanged  and  entered  Congress  in  December,  1776, 
serving  till  1782.  In  1779,  he  was  one  of  the  committee 
that  drew  up  a  design  for  the  arms  of  the  United 
States,  but  it  was  rejected.  He  espoused  General 
Gates's  cause  against  Washington.  He  is  repre- 
sented as  having  been  a  man  of  unusual  learning,  but 

i  Journals  of  Cong.,  VII,  318. 


8  THE  DEPARTMENT  OF  STATE 

of  such  eccentricities  of  manners  and  speech  as  to  lead 
at  times  to  a  doubt  of  his  sanity.1  Other  members  of 
the  committee  were:  William  Henry  Drayton  of 
South  Carolina,  William  Duer  of  New  York,  and 
Jonathan  Bayard  Smith  of  Pennsylvania,  who  were 
elected  June  1,  1778;  Eliphalet  Dyer  of  Connecti- 
cut, elected  February  24,  1779,  in  place  of  Oliver 
Ellsworth,  whose  election  on  the  committee  is  not 
recorded;  William  Churchill  Houston  of  New  Jersey, 
and  Robert  R.  Livingston  of  New  York,  who  were 
elected  November  24,  1779.2  It  appears  that  John 
Witherspoon  also  served  as  a  member  of  the  committee 
in  October,  1779.3 

The  first  public  recognition  of  the  independence  of 
the  United  States  by  a  foreign  power  was  recorded  in 
the  treaty  of  amity  and  commerce  and  of  alliance 
eventual  and  defensive  between  the  United  States  and 
France,  signed  at  Paris,  February  6,  1778,  by  Benja- 
min Franklin,  Silas  Deane,  and  Arthur  Lee,  on  the 
part  of  the  United  States,  and  by  Conrad  Alexander 
Gerard,  on  the  part  of  France;  and  following  this 
treaty,  in  July,  1778,  came  Gerard,  the  first  repre- 
sentative of  a  foreign  state  to  the  United  States. 
He  was  styled  minister  plenipotentiary,  and  bore  a 
commission  also  as  consul-general.4 

Soon  after  his  arrival,  he  transmitted  to  the  Presi- 
dent of  Congress  a  copy  of  the  speech  he  intended  to 

i  Austin,  Life  of  Elbridge  Gerry,  I,  336. 

2  Journals  of  Cong.,  XV,  1445. 

3  Ibid.,  XV,  1168. 

*  Dip.  Cor.  Amer.  Rev.,  II,  522. 


THE  COMMITTEE  FOR  FOREIGN  AFFAIRS        9 

deliver  at  his  first  audience,  and  it  was  referred  on 
July  14,  with  the  question  of  the  time  and  manner  of 
his  public  reception,  to  Richard  Henry  Lee,  Samuel 
Adams,  and  Gouverneur  Morris.  The  report  drafted 
by  Morris  was  presented  July  17.    It  said: 

That  Ministers  being  of  three  different  classes,  viz: 
1.  Ambassadors;  2.  Ministers  Plenipotentiary  and  Envoys; 
and  3.  Residents,  it  will  be  necessary  to  establish  a  cere- 
monial for  each  according  to  their  respective  Dignity.  That 
your  Committee  report  for  an  Ambassador  the  following 
ceremonial,  viz : 

When  he  shall  arrive  within  any  of  the  United  States  he 
shall  receive  from  any  Battery,  Fort  or  Castle  the  same  salute 
or  other  Honors  which  are  paid  to  the  Flag  of  the  Prince  or 
State  which  he  shall  represent  and  also  at  all  places  where 
there  are  guards,  Gentries  and  the  like  he  shall  receive  the 
same  military  honors  and  respect  which  are  paid  to  a  general 
officer  in  the  service  of  the  United  States  of  the  highest  rank. 
When  he  shall  arrive  at  the  Place  which  the  Congress  shall 
be,  he  shall  wait  upon  the  President  and  deliver  his  creden- 
tials or  copies  thereof.  Three  members  of  Congress  shall 
then  be  deputed  to  wait  upon  him,  and  inform  him  when  and 
where  he  shall  receive  audience  of  Congress. 

For  a  resident  minister  the  committee  proposed  to 
omit  the  honor  of  escort  by  three  members  of  Congress 
and  to  substitute  a  master  of  ceremonies.  The  other 
ceremonies  were  modified  in  proportion. 

The  consideration  of  so  much  of  this  report  as 
related  to  ambassadors  and  resident  ministers  was 
postponed  as  unnecessary  at  the  time.1  The  cere- 
monies in  the  case  of  ministers  plenipotentiary  were 

1  Journals  of  Cong.,  XI,  698,  et  seq. 


10  THE  DEPARTMENT  OF  STATE 

prescribed  in  the  following  resolutions  which   were 
adopted  July  20: 

At  the  time  he  is  to  receive  his  audience,  the  two  members 
[who  are  to  act  as  his  escort]  shall  again  wait  upon  him  in 
a  coach  belonging  to  the  States;  and  the  person  first  named 
of  the  two  shall  return  with  the  minister  plenipotentiary  or 
envoy  in  the  coach,  giving  the  minister  the  right  hand  and 
placing  himself  on  his  left,  with  the  other  member  on  the 
front  seat. 

"When  the  minister  plenipotentiary  or  envoy  is  arrived  at 
the  door  of  the  Congress  hall,  he  shall  be  introduced  to  his 
chair  by  the  two  members,  who  shall  stand  at  his  left  hand. 
Then  the  member  first  named  shall  present  and  announce 
him  to  the  President  and  the  house ;  whereupon  he  shall  bow 
to  the  President  and  the  Congress,  and  they  to  him.  He  and 
the  President  shall  again  bow  unto  each  other,  and  be  seated ; 
after  which  the  house  shall  sit  down. 

Having  spoken  and  been  answered,  the  minister  and  Presi- 
dent shall  bow  to  each  other,  at  which  time  the  house  shall 
bow,  and  then  he  shall  be  conducted  home  in  the  manner  in 
which  he  was  brought  to  the  house. 

Those  who  shall  wait  upon  the  Minister,  shall  inform  him, 
that,  if  in  any  audience  he  shall  choose  to  speak  on  matters 
of  business,  it  will  be  necessary  previously  to  deliver  in  writ- 
ing to  the  President,  what  he  intends  to  say  at  the  audience ; 
and  if  he  shall  not  incline  thereto,  it  will,  from  the  Consti- 
tution of  Congress,  be  impracticable  for  him  to  receive  an 
immediate  answer. 

The  style  of  address  to  Congress  shall  be  "Gentlemen  of 
the  Congress." 

All  speeches  or  communications  in  writing  may,  if  the 
public  minister  choose  it,  be  in  the  language  of  their  respective 
countries.  And  all  replies,  or  answers,  shall  be  in  the  language 
of  the  United  States. 


THE  COMMITTEE  FOR  FOREIGN  AFFAIRS      11 

After  the  audience,  the  members  of  Congress  shall  be  first 
visited  by  the  Minister  Plenipotentiary  or  Envoy.1 

These  ceremonies  were  followed  when  the  French 
minister  had  his  first  audience,  August  6,  1778.  The 
committee  of  foreign  affairs  did  not  participate  in 
the  ceremonies  as  a  committee.  The  communications 
of  the  French  minister  were  sent  direct  to  the  Presi- 
dent of  Congress,  and  were  considered  by  the  whole 
Congress  after  having  been  reported  upon  by  some 
special  committee.  Upon  occasion,  in  the  event  of 
some  communication  of  importance,  the  President  of 
Congress  would  declare  that,  in  his  opinion,  it  was 
expedient  that  the  Congress  and  the  minister  should 
confer.  The  latter  would  then  meet  the  Congress  in 
committee  of  the  whole,  and  the  result  of  the  inter- 
view would  be  reported  to  the  Congress  itself.  The 
minister  held  the  right  to  be  present,  however,  when 
foreign  affairs  were  being  discussed,  and  thus  became 
a  factor  in  the  conclusions  reached.  His  dispatches 
to  his  government  are  in  themselves  a  record  of  the 
proceedings  of  the  Congress. 

The  discussion  of  negotiating  a  treaty  of  peace  with 
Great  Britain  began  in  Congress  early  in  1779,  and 
August  4,  a  committee  of  five  was  selected  ' '  to  prepare 
instructions  for  the  minister  plenipotentiary  of  these 
United  States  to  be  appointed  for  negotiating  a  treaty 
of  peace."  August  13,  Gouverneur  Morris,  Henry 
Laurens,  Samuel  Huntington,  John  Dickinson,  and 
Thomas  McKean,  the  members  chosen,  submitted  a 

i  Journals  of  Cong.,  XI,  707. 


12  THE  DEPARTMENT  OF  STATE 

draft  by  Gouverneur  Morris,  which  was  debated 
paragraph  by  paragraph  and  adopted  the  next  day.1 
This  was  the  method  usually  pursued  in  the  case  of 
important  communications,  the  foreign  affairs  com- 
mittee having  no  participation  in  their  preparation. 
Only  occasionally  was  there  any  recognition  of  the 
committee.  October  13,  1779,  when  the  question  of 
the  pecuniary  allowances  for  Jay  as  a  commissioner 
to  negotiate  a  peace  was  referred  to  a  special  com- 
mittee, it  was  further  ' '  ordered  that  Mr.  Witherspoon 
and  Mr.  Lovell,  members  of  the  committee  for  foreign 
affairs,"  be  added  to  the  special  committee2  and  on 
May  19,  1780,  Congress  having  drawn  on  Franklin 
and  Jay  for  $25,000  each,  in  order  to  pay  the  expenses 
of  the  government,  the  foreign  affairs  committee 
was  instructed,  May  31,  to  inform  Franklin  and  Jay 
of  the  drafts.3  The  committee  also  made  a  few  reports 
during  the  ensuing  months,  but  it  had  no  real  power 
and  there  was  a  decided  opposition  in  Congress  to 
giving  it  any. 

"On  the  one  hand,"  says  Dr.  Francis  Wharton,  "it  was 
maintained  that  our  relations  with  foreign  nations  ought 
to  be  freed  from  the  artificial  shackles  which  international 
law  had  imposed,  and  that  we  should  approach  them  with 
blunt  simplicity,  demanding  not  only  recognition,  but  aid. 
In  other  words  'militia'  diplomatists,  to  use  John  Adam's 
illustration,  sometimes  gain  victories  over  regular  troops, 
even  by  departing  from  the  rules."4 

1  Journals  of  Cong.,  XIV,  922,  et  seq. 

2  Ibid.,  XV,  1168. 

3  Ibid.,  XVII,  475. 

4  Dip.  Cor.  Amer.  Bev.,  I,  289. 


THE  COMMITTEE  FOR  FOREIGN  AFFAIRS      13 

From  Madrid,  October  27,  1780,  John  Jay  wrote  to 
Lovell : 

1  would  throw  stones,  too,  with  all  my  heart,  if  I  thought 
they  would  hit  only  the  committee  without  injury  to  the 
members  of  it.  Till  now  I  have  received  but  one  letter  from 
them,  and  that  not  worth  a  farthing,  though  it  conveyed  a 
draft  for  one  hundred  thousand  pounds  on  the  bank  of  hope. 
One  good  private  correspondent  would  be  worth  twenty 
standing  committees,  made  of  the  wisest  heads  in  America, 
for  the  purpose  of  intelligence.1 

April  23,  1781,  he  wrote  Charles  Thomson,  the 
Secretary  of  Congress: 

I  wish  in  my  heart  that  you  were  not  only  secretary  of 
Congress,  but  secretary  also  for  foreign  affairs.  I  should 
then  have  better  sources  of  intelligence  than  gazettes  and 
reports.2 

"But  there  is  really,"  wrote  Lovell  to  Arthur  Lee,  August 
6,  1779,  "no  such  thing  as  a  committee  of  foreign  affairs 
existing — no  secretary  or  clerk  further  than  I  persevere  to 
be  one  and  the  other.  The  books  and  the  papers  of  that 
extinguished  body  lay  yet  on  the  table  of  Congress,  or  rather 
are  locked  up  in  the  secretary's  private  box.  There  was  a 
motion,  as  I  have  before  told  you,  to  choose  a  new  committee ; 
the  house  would  not  so  insult  me.  An  indifference  then  took 
place  as  to  filling  the  old  one,  upon  presumption,  I  suppose, 
that  a  little  leaven  would  leaven  the  whole  lump."3 

i  Correspondence  and  Public  Papers  of  John  Jay,  I,  440. 

2  Dip.  Cor.  Amer.  Bev.,  IV,  381. 

3  Ibid.,  Ill,  288. 


CHAPTER  II 

THE  DEPARTMENT  OF  FOREIGN  AFFAIRS 
I 

THAT  some  system  must  be  introduced  to  take  the 
place  of  the  existing  chaos  in  the  machinery  for 
managing  the  increasing  foreign  affairs  of  the  country 
became  so  apparent  that  Congress  finally  took  the 
matter  up  seriously.  On  January  10,  1781,  it  consid- 
ered the  following  "plan  for  the  department  of  foreign 
affairs. ' ' 

That  the  extent  and  rising  power  of  these  United  States 
entitle  them  to  a  place  among  the  great  potentates  of  Europe, 
while  our  political  and  commercial  interests  point  out  the 
propriety  of  cultivating  with  them  a  friendly  correspondence 
and  connection. 

That  to  render  such  an  intercourse  advantageous,  the 
necessity  of  a  competent  knowledge  of  the  interests,  views, 
relations,  and  systems  of  those  potentates,  is  obvious. 

That  a  knowledge,  in  its  nature  so  comprehensive,  is  only 
to  be  acquired  by  a  constant  attention  to  the  state  of  Europe, 
and  an  unremitted  application  to  the  means  of  acquiring 
well-grounded  information. 

That  Congress  was,  moreover,  called  upon  to  maintain  with 
our  ministers  at  foreign  courts  a  regular  correspondence,  and 
to  keep  them  fully  informed  of  every  circumstance  and  event 
which  regards  the  public  honour,  interest  and  safety. 

That  to  answer  these  essential  purposes,  the  committee  are 
of  opinion,  that  a  fixed  and  permanent  office  for  the  depart- 
ment of  foreign  affairs  ought  forthwith  to  be   established, 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     15 


3. 


as  a  remedy  against  the  fluctuation,  the  delay  and  indecision 
to  which  the  present  mode  of  managing  our  foreign  affairs 
must  be  exposed : 

Whereupon,  j rj  <&  t 

Resolved:  That  an  office  be  forthwith  established  for  the 
department  of  foreign  affairs,  to  be  kept  always  in  the  place 
where  Congress  shall  reside. 

That  there  shall  be  a  secretary  for  the  despatch  of  business 
of  the  said  office,  to  be  styled  ' '  secretary  for  foreign  affairs. ' ' 

That  it  shall  be  the  duty  of  the  said  secretary  to  keep  and 
preserve  all  the  books  and  papers  belonging  to  the  department 
of  foreign  affairs,  to  receive  and  report  the  applications  of 
all  foreigners ;  to  correspond  with  the  ministers  of  the  United 
States  at  foreign  courts,  and  with  the  ministers  of  foreign 
powers  and  other  persons,  for  the  purpose  of  obtaining  the 
most  extensive  and  useful  information  relative  to  foreign 
affairs,  to  be  laid  before  Congress  when  required;  also  to 
transmit  such  communications  as  Congress  shall  direct,  to 
the  ministers  of  these  United  States  and  others  at  foreign 
courts,  and  in  foreign  countries ;  the  said  secretary  shall  have 
liberty  to  attend  Congress,  that  he  may  be  better  informed 
of  the  affairs  of  the  United  States,  and  have  an  opportunity 
of  explaining  his  reports  respecting  his  department;  he  shall 
also  be  authorized  to  employ  one  or  if  necessary  more  clerks 
to  assist  him  in  his  office;  and  the  secretary  as  well  as  such 
clerks,  shall,  before  the  president  of  Congress  take  an  oath 
of  fidelity  to  the  United  States,  and  an  oath  for  the  faithful 
execution  of  their  respective  trusts.1 

This  report  was  drawn  up  by  James  Dnane  of  New 
York,  and  debated  freely  before  it  was  adopted.  As 
the  report  was  first  written  it  began : 

That  your  committee  are  further  of  opinion  that  the  most 
effectual  mode  of  conducting  the  business  of  the  Department 

i  Journals  of  Cong.,  XIX,  43. 


16  THE  DEPARTMENT  OF  STATE 

of  foreign  affairs  would  be  through  a  minister  vested  with 
confidential  powers  after  the  example  of  other  nations, 
responsible  for  his  trust  and  under  the  immediate  direction 
of  Congress. 

That  there  are  however,  obstacles  to  be  apprehended  which 
may  retard  the  introduction  of  such  a  plan,  and  as  a  provi- 
sion which  can  be  carried  into  immediate  practice  is 
indispensibly  necessary,  your  committee  therefore  submit 
the  following  resolution. 

It  is  apparent  that  there  was  sentiment  in  favor 
of  an  effective,  powerful  ministry  of  foreign  affairs, 
and  that  the  Department  provided  for  was  regarded 
as  a  makeshift.  The  following  clause  was  offered  by 
the  committee  and  negatived  by  Congress: 

That  a  committee  of  congress  consisting  of  three  members 
of  whom  the  President  shall  always  be  one  shall  have  the 
superintendance  and  direction  of  the  Department  of  foreign 
affairs  and  that  the  Secretary  for  foreign  affairs  shall  be 
subject  to  their  instructions  and  submit  all  his  correspondence 
and  proceedings  to  their  inspection.1 

On  January  17,  the  salary  of  the  Secretary  was  fixed 
at  $4,000  per  annum,  " exclusive  of  office  expenses," 
and  on  the  same  day,  James  Mitchell  Varnum  of 
Rhode  Island  nominated  Robert  R.  Livingston  to  be 
Secretary,  and  Thomas  McKean  of  Delaware  nomi- 
nated Arthur  Lee  of  Virginia.2  No  election  took 
place,  and  on  February  7,  Jesse  Root  of  Connecticut 
nominated  Richard  Law  of  that  state.3 

It  was  not  until  August  10  that,  on  motion  of 
William  Floyd  of  New  York,  Robert  R.  Livingston 

i  Journals  of  Cong.,  XIX,  44. 
2  Ibid.,  XIX,  64,  65. 
*IMd.,  XIX,  125. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     17 


of  New  York  was  elected  Secretary.  He  had  been  a 
member  of  the  committee  of  foreign  affairs  for  a  brief 
period  in  1779;  but  he  declined  the  new  office,  until 
informed  of  the  extent  of  his  powers.  Having  been 
satisfied  on  this  score,  he  accepted,  September  23. 
Until  then  Lovell  acted  for  the  old  committee,  his  last 
communication  bearing  date  September  20.1 
Livingston's  commission  was  dated  October  1,  1781: 

The  United  States  in  Congress  Assembled 
To  Robert  R.  Livingston,  Esq.,  greeting : 

"We  reposing  especial  trust  and  confidence  in  your  fidelity, 
diligence  and  ability  have  constituted  and  appointed  and  by 
these  presents  do  constitute  and  appoint  you  the  said  Robert 
R.  Livingston  to  be  our  Secretary  for  Foreign  Affairs,  hereby 
giving  and  granting  to  you  all  powers  privileges,  authorities 
and  immunities  which  to  the  said  office  of  Secretary  for 
foreign  affairs  now  do  or  hereafter  may  belong  or  appertain. 

Witness  his  excellency  Thomas  McKean,  Esq.,  President 
of  Congress  at  Philadelphia  the  first  day  of  October  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
one  and  in  the  sixth  year  of  our  Independence.2 

Upon  Livingston  devolved  the  task  of  forming  a 
new  department.  He  wrote,  soon  after  he  took  office, 
to  Count  Vergennes,  informing  him  of  the  change. 

"Congress,"  he  said,  "having  thought  it  expedient  to  dis- 
solve the  committee  of  their  own  body,  by  whom  their  foreign 
affairs  had  hitherto  been  conducted,  and  to  submit  the  general 
direction  of  them  (under  their  inspection)  to  a  Secretary  for 
Foreign  Affairs  I  do  myself  the  honour  to  inform  Your 
Excellency  that  they  have  been  pleased  to  appoint  me  to 

i  Journals  of  Cong.,  XXI,  851. 

2  Cont.  Cong.  MSB.,  Lib.  Cong.,  49,  folio  89. 


18  THE  DEPARTMENT  OF  STATE 

that  Department,   and  to  direct  me  to  correspond  in   that 
capacity  with  the  Ministers  of  Foreign  Powers. ' ' 

He  also  informed  Franklin,  John  Adams,  Dana,  and 
Jay,  our  ministers  abroad,  as  soon  as  he  took  office.1 
He  started  record  books,  and  endeavored  to  give 
system  to  the  conduct  of  business ;  but  the  functions 
of  Ms  department  were  ill-defined,  and  Congress  con- 
tinued the  custom  of  appointing  special  committees 
to  consider  diplomatic  communications.  He  did  not 
have  free  access  to  the  books  of  Congress,  for  on 
October  30,  1781,  "A  letter,  of  29,  from  the  secretary 
of  foreign  affairs  was  read,  requesting  to  be  permitted 
to  examine  and  copy  from  such  books  of  a  secret 
nature  in  the  Secretary's  office  as  may  in  any  wise 
relate  to  the  department  of  foreign  affairs,"  and  the 
request  was  granted.2 

The  civil  list  for  the  year  1781  shows  that  the  whole 
Department  comprised  three  men,  the  Secretary,  with 
a  salary  of  $4,000  per  annum,  the  First  Under- 
Secretary,  Lewis  E.  Morris,  at  $800,  and  the  Second 
Under-Secretary,  Peter  S.  Du  Ponceau,  at  $700.3 

January  25, 1782,  Livingston  set  forth  the  difficulties 
surrounding  the  administration  of  the  business  of  his 
office  in  a  letter  to  the  President  of  Congress.  He 
thought  it  his  duty,  he  said,  to  call  the  attention  of 
Congress  to  some  things  which  had  been  omitted  in 
the  scheme  of  organization  of  his  Department  which 
ought  to  be  supplied  and  others  which  ought  to  be 

1  Dept.  of  State  MSS.,  Letters  of  Livingston. 

2  Journals  of  Cong.,  XXI,  1085. 

3  Cont.  Cong.  MSS.,  Lib.  Cong.,  49,  folio,  577. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     19 

omitted.  As  lie  was  to  correspond  with  American 
ministers  abroad  and  foreign  ministers  in  the  United 
States,  it  was  necessary  that  his  letters  should  reflect 
the  sentiments  of  Congress,  which  in  this  country  was 
the  sovereign.  This  he  found  to  be  a  difficult  task,  as 
the  sentiments  often  changed  and  were  often  imper- 
fectly expressed.  There  were  occasions,  too,  when 
he  should  properly  speak  a  sentiment  which  it  would 
be  improper  for  Congress  to  declare  by  a  public  act. 
It  was  true  that  he  was  permitted  to  attend  the 
sessions  of  Congress  in  order  to  inform  himself  and 
to  explain  his  reports,  but  he  was  puzzled  to  know 
how  to  ascertain  the  sentiments  when  he  attended,  as 
the  debates  often  did  not  take  the  turn  he  wished  and 
left  him  in  ignorance  of  the  only  point  on  which  he 
desired  to  gain  light.  He  thought  that  he  might 
shorten  debates  and  gain  more  information  if  he 
might  be  permitted  to  ask  questions.  He  did  not  wish 
to  assume  this  liberty,  unless  it  was  expressly  given 
to  him.  He  was  also  without  power  to  act  upon 
matters  not  of  sufficient  moment  to  engage  the 
attention  of  Congress, 

as  for  instance,  application  for  aid  in  procuring  the  release 
of  an  American  taken  under  particular  circumstances  in 
English  ships,  and  confined  in  the  French  "West  Indies,  or 
elsewhere,  claims  upon  prizes  carried  in  the  French  Islands, 
etc.,  which  cases  occur  every  day  and  are  attended  with  long 
Memorials  which  would  take  up  much  of  the  time  and 
attention  of  Congress. 

He  had  hitherto  transacted  this  business  with  the 
French  minister,  and  the  governors  and  generals  of 


20  THE  DEPARTMENT  OF  STATE 

the  French  islands,  but  he  wished  authority  from 
Congress  for  doing  so.  He  kept  a  book  in  which  all 
such  applications  and  the  action  taken  were  entered. 
He  presumed  that  some  alteration  should  be  made  in 
matters  of  form  and  ceremony,  in  conformity  with  the 
practice  of  other  nations,  and  also  to  derive  the 
advantages  they  sometimes  afforded  of  creating 
delays,  ''and  concealing  for  political  reasons"  the 
views  of  Congress.  As  Congress  had  given  him  the 
power  of  appointing  clerks,  he  had  appointed  two, 
who  were  barely  a  sufficient  number  to  perform  the 
duties,  which  were  much  greater  than  he  had  imagined 
they  would  be.  Five  copies  beside  the  draft  of  every 
foreign  letter  or  paper  transmitted  were  necessary. 
To  copy  all  the  letters  which  had  already  been 
received,  the  secret  journals,  and  the  extracts  relating 
to  foreign  affairs  in  the  files  of  Congress,  which  he 
thought  a  very  necessary  work,  would  be  impossible 
without  further  aid  for  at  least  one  year.  He  wished 
instructions  as  to  the  number  of  clerks  he  might 
employ  and  their  salaries.  An  interpreter  was  a 
necessity  for  his  Department  and  the  admiralty,  and 
he  recommended  that  one  be  appointed  who  could  also 
assist  him  as  a  secretary.  As  it  was  a  delicate  matter 
for  him  to  point  out  a  mode  for  extending  his  own 
powers  he  refrained  from  doing  so.1 

As  soon  as  this  letter  had  been  read,  Congress 
appointed  William  Ellery  of  Rhode  Island,  Edmund 
Randolph  of  Virginia,  and  Nicholas  Eveleigh  of 
South  Carolina  a  committee  to  confer  with  Livingston. 

i  Dept.  of  State  MSS.,  Letters  of  Livingston. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     21 

They  made  an  inventory  of  the  Department ;  reporting 
February  21,  1782 : 

List  of  books  and  papers  kept  in  the  office  of  foreign  affairs. 

BOOKS. 

1.  Book  of  Foreign  Letters. 

2.  Book  of  American  Letters. 

3.  Book  of  Resolutions  of  Congress. 

4.  Journal  of  daily  Transactions. 

5.  Book  of  reports  made  to  Congress. 

6.  Letters  of  the  late  Comm.  for  foreign  affairs. 

7.  A  book  containing  commissions  and  instructions  to  the 

ministers  at  foreign  courts. 

8.  One  more  do. 

9.  A  book  of  the  letters  of  the  commissioners  in  France 

while  Mr.  Adams  was  among  them. 

10.  Communications  of  Monsr.  Gerard. 

11.  Do.  of  the  Chv.  de  la  Luzerne, 

12.  Letters  of  Mr.  J.  Adams,  I   not  completed. 

13.  Letters  of  Mr.  Arthur  Lee. 

PAPERS. 

1st  Box.     1.  Joint  Letters  from  the  Commrs.  of  Congress  at 
Paris. 

2.  Letters  from  the  Hon.  B.  Franklin. 

3.  Letters  from  the  Hon.  B.  Laurens. 

4.  Letters  from  the  Hon.  J.  Laurens. 

5.  Letters  from  Mr.  T.  Barclay. 

6.  Correspond,     betw.     Mr.     Adams     &     Count 

Vergennes. 
2nd  Box.     1.     Letters  from  Hon.  J.  Jay. 

2.  Letters  from  the  Hon.  W.  Carmichael. 

3.  Letters  from  Mr.  R.  Harrison. 
3rd  Box.     1.     Letters  from  Hon.  John  Adams. 

2.     Letters  from  F.  Dana,  Esq. 
4th  Box.     1.     Letters  from  Mr.  Dumas. 

2.     Letters  from  Mr.  J.  De  Neuville. 


22  THE  DEPARTMENT  OF  STATE 

5th  Box.  Letters  from  Messrs.  Deane,  Izard  &c. 

6th  Box.  Letters  from  Messrs.  Bingham,  Parsons  &c. 

7th  Box.  Letters,  notes,  memorials  and  communications 

to  the  Chv.  de  la  Luzerne. 
8th  Box.  Original  papers  relative  to  complaints  referred 

to  the  office  of  foreign  affairs. 
9th  Box.  Miscellaneous  letters  &  papers 

The  report  said : 

The  United  States  having  risen  to  importance,  and  taken 
their  place  among  Sovereign  and  Independent  nations,  are 
called  upon  to  secure  their  extensive  territories  and  maintain 
their  political  interests  by  cultivating  the  friendship  and 
alliance  of  other  Sovereigns  and  by  guarding  against  the 
machinations  of  the  designing  and  ambitious.  In  order  to 
which,  Ministers  and  Agents  have  been  appointed,  to  study 
the  interests,  views  and  designs  of  Courts  at  which  they 
reside,  to  declare  the  principles  of  justice  and  moderation 
by  which  the  United  States  propose  to  govern  themselves, 
and  to  express  on  various  occasions  their  sentiments.  That 
these  sentiments  may  be  fully  known  to  their  ministers,  some 
regular  channel  of  communication  should  be  opened;  and 
that  the  governing  power  of  the  United  States  should  not 
remain  ignorant  of  the  views  and  designs  of  foreign  nations, 
which  must  regulate  their  conduct  towards  them,  means 
should  be  fallen  upon  to  direct  the  inquiries  of  their  ministers, 
and  so  to  collect  and  digest  their  information,  as  to  render 
it  useful  to  Congress. 

These  together  with  the  various  details,  which  are  created 
by  connection  with  other  nations,  has  induced  the  United 
States  in  Congress  assembled,  to  resolve, — 

Resolved,  That  the  department  of  foreign  affairs  be  under 
the  direction  of  such  officer  as  the  United  States  in  Congress 
assembled  have  already  for  that  purpose  appointed,  or  shall 
hereafter   appoint,   who   shall   be  styled   "Secretary  to   the 


TEE  DEPARTMENT  OF  FOREIGN  AFFAIRS     23 

United  States  of  America  for  the  Department  of  Foreign 
Affairs, ' '  shall  reside  where  Congress  or  the  Committee  of  the 
States  shall  sit,  and  hold  his  office  during  the  pleasure  of 
Congress. 

That  the  books,  records  and  other  papers  of  the  United 
States  that  relate  to  this  department,  be  committed  to  his 
custody,  to  which,  and  all  other  papers  of  his  office,  any 
member  of  Congress  shall  have  access;  provided  that  no 
copy  shall  be  taken  of  matters  of  a  secret  nature  without 
the  special  leave  of  Congress. 

That  the  correspondence  and  communications  with  the 
ministers,  consuls  and  agents  of  the  United  States  in  foreign 
countries,  and  with  the  ministers  and  other  officers  of 
foreign  powers  with  Congress,  be  carried  on  through  the  office 
of  foreign  affairs  by  the  said  secretary,  who  is  also  empowered 
to  correspond  with  all  other  persons  from  whom  he  may 
expect  to  receive  useful  information  relative  to  his  depart- 
ment ;  provided  always,  that  letters  to  ministers  of  the  United 
States,  or  ministers  of  foreign  powers,  which  have  a  direct 
reference  to  treaties  or  conventions  proposed  to  be  entered 
into,  or  instructions  relative  thereto,  or  other  great  national 
subjects,  shall  be  submitted  to  the  inspection  and  receive  \ 
the  approbation  of  Congress  before  they  shall  be  transmitted. 

That  the  Secretary  for  the  department  of  foreign  affairs 
correspond  with  the  governours  or  presidents  of  all  or  any 
of  the  United  States,  affording  them  such  information  from 
his  department  as  may  be  useful  to  their  states  or  to  the 
United  States,  stating  complaints  that  may  have  been  urged 
against  the  government  of  any  of  the  said  states,  or  the 
subjects  thereof,  by  the  subjects  of  foreign  powers,  so  that 
justice  may  be  done  agreeably  to  the  laws  of  such  state,  or 
the  charge  proved  to  be  groundless,  and  the  honour  of  the 
government  vindicated. 

He  shall  receive  the  applications  of  all  foreigners  relative 
to  his  department,  which  are  designed  to  be  submitted  to 
Congress,  and  advise  the  mode  in  which  the  memorials  and 


24  THE  DEPARTMENT  OF  STATE 

evidence  shall  be  stated,  in  order  to  afford  Congress  the  most 
comprehensive  view  of  the  subject;  and  if  he  conceives  it 
necessary,  accompany  such  memorial  with  his  report  thereon. 
He  may  concert  measures  with  the  ministers  or  officers  of 
foreign  powers  amicably  to  procure  the  redress  of  private 
injuries,  which  any  citizen  of  the  United  States  may  have 
received  from  a  foreign  power,  or  the  subjects  thereof,  making 
minutes  of  all  his  transactions  relative  thereto  and  entering 
the  letters  at  large  which  have  passed  on  such  occasions. 

He  shall  report  on  all  cases  expressly  referred  to  him 
for  that  purpose  by  Congress,  and  all  others  touching  his 
department,  in  which  he  may  conceive  it  necessary. 

And  that  he  may  acquire  that  intimate  knowledge  of  the 
sentiments  of  Congress  which  is  necessary  for  his  direction, 
he  may  at  all  times  attend  upon  Congress;  and  shall 
particularly  attend  when  summoned  or  ordered  by  the 
President. 

He  may  give  information  to  Congress  respecting  his 
department,  explain  and  answer  objections  to  questions  to  his 
reports  when  under  consideration,  if  required  by  a  member, 
and  no  objection  be  made  by  Congress.  He  shall  answer 
to  such  inquiries  respecting  his  department  as  may  be  put 
from  the  Chair  by  order  of  Congress,  and  to  questions  stated 
in  writing  about  matters  of  fact  which  lie  within  his  knowl- 
edge, when  put  by  the  President  at  the  request  of  a  member, 
and  not  disapproved  of  by  Congress;  the  answers  to  such 
questions  may,  at  the  option  of  the  secretary,  be  delivered 
by  him  in  writing.  He  shall  have  free  access  to  the  papers 
and  records  of  the  United  States  in  the  custody  of  their 
secretary,  or  in  the  offices  of  finance  and  war  or  elsewhere; 
he  may  be  furnished  with  copies  or  take  extracts  therefrom, 
when  he  shall  find  it  necessary. 

He  shall  use  means  to  obtain  from  the  ministers  and  agents 
of  the  said  United  States  in  foreign  countries  an  abstract 
of  their  present  state,  their  commerce,  finances,  naval  and 
military    strength,    and    the    characters    of    sovereigns    and 


TEE  DEPARTMENT  OF  FOREIGN  AFFAIRS     25 

ministers,  and  every  other  political  information  which  may- 
be useful  to  the  United  States.  All  letters  to  sovereign 
powers,  letters  of  credence,  plans  of  treaties,  conventions, 
manifestoes,  instructions,  passports,  safe-conducts  and  other 
acts  of  Congress  relative  to  the  department  of  foreign  affairs, 
when  the  substance  thereof  shall  have  been  previously  agreed 
to  in  Congress,  shall  be  reduced  to  form  in  the  office  of  foreign 
affairs,  and  submitted  to  the  opinion  of  Congress;  and  when 
passed,  signed  and  attested,  sent  to  the  office  of  foreign  affairs 
to  be  countersigned  and  forwarded. 

If  an  original  paper  is  of  such  a  nature  as  cannot  be  safely 
transmitted  without  cyphers,  a  copy  in  cyphers,  signed  by 
the  secretary  for  the  department  of  foreign  affairs,  shall  be 
considered  as  authentick,  and  the  ministers  of  the  United 
States  at  foreign  courts  may  govern  themselves  thereby  in 
the  like  manner  as  if  the  originals  had  been  transmitted.  And 
for  the  better  execution  of  the  duties  hereby  assigned  him, 
he  is  authorized  to  appoint  a  secretary  and  one,  or  if  neces- 
sary, more  clerks,  to  assist  him  in  the  business  of  his  office. 

Resolved,  That  the  salaries  annexed  to  this  Department 
shall  be  as  follows: 

To  the  secretary  of  the  United  States  for  the  department 
of  foreign  affairs,  the  sum  of  four  thousand  dollars  per 
annum,  exclusive  of  office  expenses  to  commence  from  the 
first  day  of  October  last. 

To  the  secretary,  one  thousand  dollars  per  annum. 

To  the  clerks,  each  five  hundred  dollars  per  annum. 

Resolved,  That  the  secretary  for  the  department  of  foreign 
affairs,  and  each  of  the  persons  employed  under  him,  shall 
take  an  oath  before  a  judge  of  the  state  where  Congress  shall 
sit,  for  the  faithful  discharge  of  their  respective  trusts,  and 
an  oath  of  fidelity  to  the  United  States,  before  they  enter 
upon  office. 

Resolved,  That  the  act  of  the  10th  of  January,  1781, 
respecting  the  department  of  foreign  affairs,  be  and  hereby 
is  repealed. 


26  THE  DEPARTMENT  OF  STATE 

The  committee  also  offered  the  following,  which  was 
struck  out  by  Congress: 

Resolved,  that  a  seat  be  assigned  him  in  Congress,  which 
he  shall  take  on  the  order  of  the  house  expressed  either  upon 
the  motion  of  a  member,  or  in  consequence  of  his  request  in 
writing  directed  to  the  President.  That  when  he  shall  have 
taken  his  seat,  and  not  before,  he  shall  be  considered  as 
officially  in  Congress,  and  may  give  information  respecting 
his  Department,  explain  and  answer  objections  to  his  reports, 
when  under  consideration,  and  state  such  questions  as  may 
be  necessary  for  his  information.  He  shall  answer  from  his 
seat  to  such  inquiries,  respecting  his  department,  as  may  be 
put  from  the  chair,  by  order  of  Congress,  and  to  questions 
stated  in  writing  about  matters  of  fact  which  lie  within  his 
knowledge,  when  put  by  the  President  at  the  request  of  a 
member,  and  not  disapproved  of  by  Congress.  The  answer 
to  such  questions  may,  at  the  option  of  the  Secretary  be 
delivered  by  him  in  writing. 

The  following  was  also  proposed  but  disapproved: 

An  interpreter  shall  also  be  annexed  to  this  Department 
to  be  appointed  by  Congress,  who  besides  the  duties  required 
of  him  by  the  Secretary  for  foreign  affairs,  shall  serve  when 
required  as  interpreter  to  the  United  States  in  Congress  their 
respective  boards  and  the  court  of  appeals.1 

The  act  was  passed  February  22,  1782.  It  met  the 
objections  of  Livingston,  defined  his  duties,  and 
greatly  enlarged  them.  He  could  correspond  inde- 
'  pendently  on  business  relating  to  his  Department, 
provided  that  letters  relating  to  "great  national 
objects"  should  be  submitted  to  Congress.     He  was 

i  The  report  and  act  are  in  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II, 
folio  63. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     27 

to  advise  Congress  how  to  treat  applications  of 
foreigners.  He  could  settle  private  complaints 
against  foreign  powers.  He  must  attend  Congress 
and  could  answer  questions  and  explain  his  reports. 
He  now  had  free  access  to  all  the  records  of  Congress. 
He  must  reduce  to  proper  form  all  communications 
with  foreign  governments.  Here  was  something 
approaching  a  foreign  office,  and  a  great  step  in 
advance  of  the  Act  of  January  10,  1781.  The 
Secretary  was,  however,  dependent  upon  the  will  of 
Congress  in  small  things  as  well  as  large.  On 
February  27,  1782,  he  asked  for  leave  of  absence  and 
his  request  was  referred  to  a  committee.  It  was 
reported  through  the  chairman,  John  Morin  Scott  of 
New  York,  that  he  had  given  sufficient  reason,  and  it 
was  recommended  that  he  be  allowed  to  absent  himself 
for  a  few  weeks.  Accordingly  he  was  granted  the 
leave  March  4.1 

The  inventory  of  the  Department  shows  how  the 
foreign  establishment  had  grown.  It  now  included 
such  agents  as  independent  nations  commonly 
employed.    Besides  the  ministers  were  two  consuls. 

On  March  1,  1782,  the  act  was  modified  so  as  to 
permit  the  appointment  of  two  Under-Secretaries  of 
Foreign  Affairs  at  salaries  of  $800  and  $700  per 
annum  respectively,  in  the  place  of  the  secretary  to 
the  Secretary,  but  this  was  confirmatory  of  the 
practice  which  Livingston  had  already  been  permitted 
to  follow. 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  79. 


28  THE  DEPARTMENT  OF  STATE 

Communications  from  our  ministers  abroad  now 
regularly  came  to  Livingston,  and  were  by  him  sub- 
mitted to  Congress,  and  the  replies  were  sent  through 
him.  The  French  minister,  however,  communicated 
occasionally  directly  with  Congress. 

The  condition  in  which  our  missions  abroad  were 
during  Livingston's  administration  was  indicated  by 
him  in  a  letter  which  he  sent  to  Congress  May  8,  1782. 
As  to  the  method  of  living  of  the  ministers,  he 
reported  that  Dr.  Franklin  had  a  part  of  Mr.  Chau- 
mont's  house  at  Passy,  kept  a  chariot  and  pair  and 
three  or  four  servants,  and  gave  a  dinner  occasionally 
"to  the  Americans  and  others."  "His  whole 
expense,"  Livingston  added,  "as  far  as  I  can  learn, 
is  very  much  within  his  income."  Mr.  Adams  lived 
in  lodgings,  kept  a  chariot  and  pair  and  two  men 
servants.  He  also  had  a  private  secretary  who,  it  was 
presumed,  would  be  paid  by  Congress.  He  had  heard 
that  Adams  was  about  to  rent  a  house.  Mr.  Dana's 
salary,  even  in  Russia,  where  the  relative  value  of 
money  was  so  high  that  a  house  could  not  be  hired 
for  less  than  fifteen  guineas  a  year,  was  ample.  He 
was  not  informed  of  Mr.  Jay's  manner  of  living,  but 
he  concluded  that  if  he  maintained  the  same  style  as 
Dr.  Franklin  or  Mr.  Adams  and  followed  the  Spanish 
court  which  sat  in  different  parts  of  the  kingdom,  his 
expenses  must  amount  to  double  those  of  Franklin 
and  Adams.  The  cost  of  living,  taking  Philadelphia 
as  a  standard,  was  twenty  per  cent  cheaper  in  Paris, 
if  wine,  clothing,  and  the  wages  of  servants  were 
included;  in  Amsterdam,  it  was  ten  per  cent  cheaper 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     29 

than  in  Philadelphia,  and  in  Madrid,  somewhat  higher. 
In  the  last  named  place,  the  unsettled  state  of  those 
who  followed  the  court  greatly  enhanced  their 
expenses.  He  recommended  that  Mr.  Carmichael, 
then  secretary  to  Jay  at  Madrid,  be  appointed 
"  secretary  to  the  embassy  from  the  United  States 
to  the  court  of  Versailles ' '  at  a  salary  of  $4,000  a  year, 
and  that  Jay  be  empowered  to  employ  a  private 
secretary  at  $1,000  a  year,  the  same  privilege  being 
given  to  Mr.  Laurens,  "when  he  enters  upon  his 
mission  to  the  United  Provinces  of  the  Low  Coun- 
tries." "The  commissioners  for  negotiating  a  peace, 
in  case  Mr.  Dana  shall  not  return,"  he  recommended 
should  be  authorized  to  appoint  a  secretary  to  the 
commission  at  $1,000  a  year.  The  commission  of 
minister  plenipotentiary  to  Russia  should  be  revoked 
and  Francis  Dana  should  be  appointed  resident  at 
that  court.  When  he  should  be  received  in  that 
character,  he  might  appoint  a  private  secretary  at 
$800  a  year.  No  secretary  to  any  of  the  missions 
to  the  "northern  courts"  should  receive  more  than 
$1,000,  and  the  salaries  of  the  secretaries  to  France, 
Spain,  and  Holland  should  not  exceed  $2,000,  except 
in  the  cases  of  those  who  had  already  been  appointed. 
After  January  1,  the  salary  of  a  minister  plenipo- 
tentiary from  the  United  States  should  not  exceed 
$5,000,  and  that  of  a  resident  $3,000,  but  an  allowance 
for  household  expenses  should  be  made.  He  gave  the 
total  annual  expense  of  the  Department  of  Foreign 
Affairs,  "exclusive  of  contingencies,"  as  follows: 


30 


TEE  DEPARTMENT  OF  STATE 


Secretary  of  the  United  States  for  the  department  of 
foreign  affairs,  .....    $4000 

1st  under  secretary,  Lewis  R.  Morris,  .  .        800 

2nd  under  secretary,  Peter  S.  Du  Ponceau,  .        700 

Clerk,  the  Rev.  Mr.  Tetard,       ....        500 


$6,000 

Doctor  Franklin 

2500  at  4s.  6d. 

ll,lll10/90 

Mr.  Jay 

2500  at  4s.  6d. 

ll,lll1%o 

Mr.  Adams 

2500 

11,111 10/90 

Mr.  Laurens 

1500 

6,666<30/90 

Mr.  Carmichael 

1000 

4,44440/90 

Mr.  Dana 

1000 

4,444*%0 

Mr.  Dumas 

2001ouisd'ors 

920 

Consul 

. 

1,500 

Private  secretary  to  Dr.  Franklin, 
Private  secretary  to  Mr.  Adams,1 


57,3088%0 


On  June  17,  James  Madison,  Ralph  Izard,  John 
Witherspoon,  and  George  Clymer  were  appointed  a 
committee  to  inquire  into  the  proceedings  of  the 
Department.  John  Lowell  of  Massachusetts,  also, 
was  appointed,  but  left  Congress  before  the  report 
was  completed.  The  committee  reported,  September 
18,  1782,  through  Madison,  that,  from  the  time  of  the 
institution  of  the  Department,  in  October,  1781,  up 
to  July  1,  1782,  the  Secretary  for  Foreign  Affairs  had 
sent  fourteen  letters  to  the  minister  plenipotentiary 
at  Versailles,  ten  to  the  minister  plenipotentiary  at 
Madrid,  eight  to  the  minister  plenipotentiary  at  The 
Hague,   five   to   the   minister   plenipotentiary   at   St. 

i  Secret  Journals  of  Cong.,  Ill,  128,  et  seq. 


TEE  DEPARTMENT  OF  FOREIGN  AFFAIRS     31 

Petersburg,  two  to  the  secretary  of  legation  at  Madrid, 
to  our  consul  in  France  four  letters,  one  to  our  agent 
at  Habana,  one  to  Mr.  Dumas,  one  to  Messrs.  de 
Neuville  &  Son,  fiscal  agents  of  America  in  Paris, 
three  to  Mr.  Harrison,  consul  at  Cadiz,  one  to  Samuel 
Parsons,  who  acted  as  consular  agent  at  Martinique, 
and  thirteen  to  the  French  minister.  The  Department 
had  also  corresponded  with  the  governors  and  presi- 
dents of  the  States,  requesting  authentic  statements  of 
damages  sustained  from  the  enemy,  sending  circulars 
containing  information  touching  the  progress  of  our 
foreign  intercourse  and  letters  conveying  foreign 
intelligence.  Altogether  there  had  been  but  eight  of 
these  communications.    The  report  closed  as  follows: 

Upon  the  whole  the  committee  report  that  the  business  of 
this  Department  appears  to  have  been  conducted  with  much 
industry,  attention  and  utility ;  and  without  any  errors  or 
defects  worthy  of  being  taken  notice  of  to  Congress.  Such 
improvements  and  alterations  in  the  general  plan  of  the 
business  as  were  judged  by  the  committee  proper  they  have 
taken  the  liberty  of  suggesting  to  the  Secretary  in  the  course 
of  their  inquiry.  As  far  as  their  suggestions  can  be  of  use, 
the  committee  have  no  doubt  that  they  will  be  attended  to.1 

The  committee  gave  a  list  of  the  books  and  papers 
in  the  Department.  There  were :  books  of  foreign  and 
American  letters,  of  resolutions  of  Congress,  of  daily 
transactions,  of  reports  to  Congress,  of  letters  of  the 
late  committee  for  foreign  affairs,  of  commissions  and 
instructions  to  American  ministers,  of  secret  instruc- 
tions, of  letters  from  the  commissioners  in  France, 

iCont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  131. 


32  THE  DEPARTMENT  OF  STATE 

of  letters  of  Gerard,  of  Luzerne,  of  Adams,  of  Arthur 
Lee.  There  were  nine  boxes  of  papers,  being  letters 
from  our  agents  abroad  and  other  communications.1 

On  November  21,  1782,  Madison  made  a  motion  to 
enlarge  the  Secretary's  powers,  and  on  November  25, 
Hugh  Williamson  of  North  Carolina  reported  it 
favorably  and  it  was  passed: 

That  the  Secretary  for  foreign  affairs  be,  and  he  is  hereby 
authorized  to  communicate  to  the  Ministers  of  foreign 
powers,  who  may  reside  near  Congress,  all  such  acts  and 
resolutions  of  Congress,  and  all  such  articles  of  intelligence 
received  by  Congress,  as  he  may  judge  proper,  those  only 
excepted  which  Congress  may  specially  require  to  be  kept 
secret  in  which  cases  he  shall  make  previous  application  to 
Congress.2 

Nevertheless,  Livingston  had  determined  to  resign. 
On  November  28,  he  called  on  Madison,  and  told  him 
he  preferred  the  post  of  Chancellor  of  the  State  of 
New  York,  to  which  he  had  recently  been  appointed, 
and  that  he  found  he  could  not  conduct  both  offices, 
because  the  business  of  the  Department  of  Foreign 
Affairs  had  increased.  He  added  that  his  expenses 
exceeded  his  salary  as  Secretary  by  $3,000  per  annum. 
He  asked  if  Jefferson  would  accept  his  office,  or  would 
take  Jay's  place  in  Spain  and  allow  Jay  to  become 
Secretary.  Madison  replied  that  he  doubted  whether 
Jefferson  would  accept  the  Secretaryship  and  did  not 
think   Congress   would  be   willing  to   dispense   with 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  73. 
2  Ibid.,  36, 1,  folio  435. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     33 

Jay's  services  at  Madrid,  but  he  promised  to  sound 
Jefferson  on  the  subject.1 

On  December  2,  Livingston  announced  to  Congress 
his  resignation,  giving  the  same  reasons  for  his  action 
that  he  had  privately  given  to  Madison.  The  letter 
was  referred  to  a  committee  to  confer  with  Living- 
ston.2 On  December  3,  Thomas  McKean  reported 
for  the  committee  that  Livingston  was  willing  to 
remain  in  office  till  January  1,  to  give  time  for  the 
selection  of  his  successor.  He  offered  a  resolution, 
with  a  preamble  which  recited  the  reasons  for  the 
resignation  as  Livingston  had  given  them,  but  Madison 
objected  that  a  statement  of  preference  for  a  state 
office  over  the  Secretaryship  of  Foreign  Affairs 
tended  to  degrade  the  Congressional  office,  so  the 
preamble  was  changed  and  merely  stated  that  Living- 
ston had  resigned.  At  the  same  time,  it  was  proposed 
to  increase  the  salary,  but  to  this  there  was  strenuous 
objection  on  the  part  of  some  members  and  it  did  not 
come  to  a  vote. 

On  December  3,  Congress  assigned  the  19th  as  a 
day  for  electing  a  Secretary,  but  on  that  day  the 
election  was  again  postponed.  In  the  mean  time  a 
committee,  composed  of  James  Madison,  John  Rut- 
ledge  of  South  Carolina,  and  John  Taylor  Gilman  of 
New  Hampshire,  was  appointed  to  confer  with 
Livingston  again,  and  reported,  through  Madison, 
December  21,  1782,  that  he  was  willing  to  remain  at 
the  head  of  the  Department  till  the  ensuing  spring, 

i  Writings  of  Madison  (Hunt),  I,  273. 
2  Ibid.,  I,  274. 


34  THE  DEPARTMENT  OF  STATE 

and  Congress  requested  kiin  to  remain  till  his  suc- 
cessor should  be  chosen.1  Efforts  to  elect  a  successor 
were  still  unavailing.  General  Philip  Schuyler  of 
New  York,  George  Clymer  of  Pennsylvania,  George 
Read  of  South  Carolina,  were  successively  put  in 
nomination  and  objected  to.  Madison  had  also 
sounded  James  McClurg  for  the  vacancy.2  It  became 
doubtful  if  the  place  would  be  continued.3  An 
intimation  was  received  that  Livingston  might  be 
willing  to  serve  for  a  few  months  longer,  and  another 
committee,  composed  of  Arthur  Lee  of  Virginia, 
Ralph  Izard  of  South  Carolina,  and  Stephen  Higgin- 
son  of  Massachusetts,  was  appointed  to  ask  him  his 
wishes.     To  them  he  wrote  the  following  letter : 

Philadelphia  9th  May  1783 
Sir, 

The  enquiries  that  the  Committee  were  pleased  to  do  me 
the  honor  to  make  this  morning  relative  to  my  continuing 
to  exercise  the  office  of  Secretary  for  Foreign  Affairs  were 
extremely  embarrassing  to  me — because  on  the  one  hand  I 
find  it  impossible  to  continue  in  the  office  on  the  present 
establishment,  without  injuring  my  private  affairs,  and  on 
the  other,  to  propose  the  terms  on  which  I  should  stay,  would 
be  to  overrate  my  own  importance,  and  to  suppose  that  others 
would  not  be  had  upon  such  conditions,  as  Congress  have 
been  pleased  to  consider  as  sufficient.  Having  given  my 
whole  time,  and  a  considerable  part  of  my  property  to  the 
public  during  the  war,  I  see  with  pleasure  that  the  affairs 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  167. 

2  Writings  of  Madison   (Hunt),  I,  274  n. 

3  Ibid.,  I,  365  n. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     35 

of  the  United  States  are  not  now  in  such  a  situation  as  to 
render  the  contributions  of  an  individual  necessary.  It  is 
my  wish  to  endeavour  to  repair  the  injuries  my  estate  has 
sustained  by  the  ravages  of  the  enemy,  my  own  neglect,  and 
the  offices  I  have  held.  By  my  former  letter  Congress  will 
be  able  to  judge  how  far  my  expences  in  the  office  exceed 
the  salary;  but  as  it  by  no  means  follows,  that  another  with 
greater  economy  and  humbler,  but  perhaps  more  just  ideas 
of  the  importance  of  the  office  could  live  at  less  expence,  I 
do  not  think  that  mine  should  be  any  reason  to  induce 
Congress  to  make  other  changes,  than  such  as  they  shall 
themselves  deem  necessary,  and  in  this  view,  I  requested  the 
committee  that  called  upon  me  last  winter  to  keep  the  matter 
of  emolument  entirely  out  of  sight  in  their  report,  and  then 
considered  my  stay  only  as  a  temporary  inconvenience.  At 
present,  sir,  I  must  choose  between  the  office  I  have  been 
honored  with  by  Congress,  and  an  important  State  office. 
If  I  continue  in  the  first,  I  must  suppose  it  the  business  of 
years,  and  lose  sight  of  all  objects  in  my  own  state,  where 
I  had  something  to  hope  from  my  connections  and  the  favour 
of  my  countrymen,  and  where  I  possess  an  estate,  the  value 
of  which  depends  in  a  great  measure  upon  my  attention  to 
it.  Under  these  circumstances  I  presume  to  flatter  myself, 
that  the  committee  will  not  think  me  blamable,  when  I  assure 
them,  that  tho  I  am  willing  to  give  my  time  and  services  to 
the  public  if  they  should  be  deemed  necessary,  yet  I  cannot 
in  justice  to  myself  or  my  family  add  to  the  gift,  that  of 
such  a  portion  of  my  property,  as  I  find  absolutely  necessary 
to  support  the  office  I  now  hold.  Permit  me,  gentlemen,  to 
add,  that  having  no  wishes  upon  this  subject,  I  am  sincerely 
desirous  that  personal  considerations  may  not  enter  into  the 
arrangements  that  Congress  make  thereon. 

I  feel  myself  extremely  honoured  by  the  attention  they 
have  shown  me  in  directing  you  to  confer  with  me  on  this 
subject,  and  I  reflect  with  great  pleasure  on  the  reasons  I 


36  TEE  DEPARTMENT  OF  STATE 

have  had  to  be  satisfied  with  their  conduct  towards  me  since 
I  have  been  honoured  with  the  office 

I  am  Gentlemen 

with  great  Respect 

Your  most  obdt.  humble  servant 

Robt.  R.  Livingston 


Arthur  Lee 
Ralph  Izard 
&  Higginson 


Esqrs1 


The  whole  Department  at  this  time  is  disclosed  in 
the  following  report.  The  Secretary  had  a  salary  of 
$4,000  per  annum.  Benjamin  Franklin,  "minister 
plenipotentiary  of  the  United  States  at  the  court 
of  Versailles,  and  minister  plenipotentiary  for 
negotiating  a  peace";  John  Adams,  "minister  pleni- 
potentiary at  The  Hague  and  for  negotiating  a 
peace";  John  Jay,  minister  plenipotentiary  at  Madrid 
and  for  negotiating  a  peace ;  Henry  Laurens,  minister 
plenipotentiary  for  negotiating  a  peace;  and  Thomas 
Jefferson,  with  the  same  rank,  each  received  a  salary 
of  $11,111  per  annum.  William  Carmichael,  "secre- 
tary to  the  embassy  at  the  court  of  Madrid,"  and 
Francis  Dana,  minister  of  the  United  States  at  the 
court  of  St.  Petersburg,  each  received  $4,444.40  per 
annum.  Charles  W.  F.  Dumas,  "agent  of  the  United 
States  at  the  Hague, ' '  received  $920 ;  William  Temple 
Franklin,  "secretary  to  the  Honorable  Benjamin 
Franklin,"  $1,300;  Lewis  R.  Morris,  "first  under- 
secretary  in   the   office   for   foreign    affairs,"   $800; 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  I,  folio  23. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     37 

Peter  S.  Du  Ponceau,  "second  under-secretary  in  the 
office  for  foreign  affairs,"  $700;  John  P.  Tetard, 
"clerk  and  interpreter  of  the  French  language," 
$500;  Walter  Stone,  "clerk,"  $500;  making  a  total 
of  $73,164. 

How  arduous  had  been  the  routine  business  of  the 
Department  of  Foreign  Affairs  during  the  Revolution 
was  set  forth  in  Livingston's  letter  of  January  25, 
1782,  where  he  stated  that  five  copies  of  every  docu- 
ment sent  abroad  had  to  be  made.  Sometimes  as 
many  as  seven  copies  were  sent,  to  lessen  the  chances 
of  capture  or  loss,  and  upon  each  packet  was  written 
the  warning,  "to  be  sunk  in  case  of  danger  from  the 
enemy."  As  letters  were  opened  upon  reaching  the 
post-offices  in  Europe,  it  was  deemed  necessary  to 
send  important  instructions  by  special  despatch 
agents.  Ciphers  were  freely  used  and  when  Deane 
was  agent  he  had  sent  many  letters  in  an  invisible  ink 
which  Jay,  who  was  then  on  the  secret  committee, 
brought  out  by  the  aid  of  an  acid.  A  large  number 
of  the  letters  from  Congress  were  captured  and  went 
to  the  British  foreign  office,  where  the  cipher  was 
probably  understood. 


CHAPTER  III 

THE  DEPARTMENT  OF  FOREIGN  AFFAIRS 
II 

IT  IS  apparent  from  Livingston's  letter  that  he 
would  have  remained  as  Secretary  if  the  salary 
of  the  office  had  been  augmented  sufficiently  to  enable 
him  to  hold  it  without  sacrifice  of  his  personal  estate, 
but  he  had  yet  another  motive  for  not  retiring.  He 
wrote  to  Madison  from  Clermont,  N.  Y.,  July  19,  1783 : 

I  believe  I  mentioned  to  you  before  I  left  Philadelphia 
that  if  Congress  should  make  no  appointment  of  a  secretary 
before   the   arrival   of   the   treaty   it   would   give   me   great 

pleasure  to  be  permitted  to  sign  it  in  that  character 

As  the  grand  treaty  which  sets  the  seal  to  our  independence 
should  not  want  the  usual  forms,  and  as  several  little  matters 
may  be  necessary  in  consequence  thereof,  perhaps  they  may 
be  induced  to  recite  that  their  removal  and  their  want  of 
full  representation  having  prevented  their  supplying  the 
place  of  the  late  Secretary  for  foreign  Affairs  that  it  would 
be  agreeable  to  them  that  he  resume  the  direction  of  the 
department  till  the  ratification  of  the  definitive  treaty.1 

This  suggestion  was  not  acted  on. 
Concerning  the  reasons  which  had  caused  him  to 
resign,  Madison  wrote  to  Monroe,  March  2,  1785 : 

The    practice    of    Congress    towards    his     [Livingston's] 
department  was  never  fixed  and  frequently  improper,  and 

i  Writings  of  Madison  (Hunt),  I,  274  n. 


TEE  DEPARTMENT  OF  FOREIGN  AFFAIRS     39 

I  always  suspected  that  his  indifference  to  the  place  resulted, 
in  part  at  least,  from  the  mortifications  to  which  this 
unsteadiness  subjected  him.1 

In  spite  of  the  obstacles  in  his  way,  Livingston's 
services  had  been  of  the  highest  order,  and  it  is  not 
going  too  far  to  say  that  no  one  man  in  the  home 
government  deserves  equal  credit  with  him  for  the 
successful  diplomacy  of  the  American  Revolution. 

Dr.  Francis  Wharton,  in  the  Diplomatic  Corre- 
spondence of  the  American  Revolution,  gives  the 
following  estimate  of  Livingston: 

Livingston,  though  a  much  younger  man  than  Franklin, 
possessed,  in  his  dispassionateness  and  his  many-sidedness, 
not  a  few  of  Franklin's  characteristics.  From  his  prior 
administrative  experience  as  royalist  recorder  of  New  York 
he  had  at  least  some  acquaintance  with  practical  government 
in  America;  his  thorough  studies  as  scholar  and  jurist  gave 
him  a  knowledge  of  administrative  politics  in  other  spheres. 
As  secretary  of  foreign  affairs  in  1781-1783,  he  did  more 
than  any  one  in  the  home  government  in  shaping  its  foreign 
policy.  But  the  system  he  indicated  was,  as  will  be  seen,  not 
the  'militia'  system  of  unsophisticated  impulse,  but  that 
which  the  law  of  nations  had  at  the  time  sanctioned  as  the 
best  mode  of  conducting  international  affairs.  His  course  as 
secretary  was  based  on  the  law  of  nations  as  thus  understood 
by  him.2 

On  the  day  that  he  gave  up  his  office,  June  4,  1783, 
on  motion  of  Alexander  Hamilton  it  was 

Resolved  unanimously,  That  the  thanks  of  Congress  be 
presented    to   Mr.    Livingston   for   his   services    during   his 

i  Writings  of  Madison  (Hunt),  I,  141. 
2  Dip.  Cor.  Amer.  Bev.,  I,  594,  et  seq. 


40  TEE  DEPARTMENT  OF  STATE 

continuance  in  office,  and  that  he  be  assured,  Congress 
entertains  a  high  sense  of  the  ability,  zeal  and  fidelity,  with 
which  he  hath  discharged  the  important  trust  reposed  in  him.1 

It  directed,  also,  that  the  papers  of  his  office  be 
turned  over  to  the  Secretary  of  Congress.  Accord- 
ingly Livingston  sealed  them,  and  Thomson  was 
without  authority  even  to  open  them.  Writing  to  a 
committee  of  Congress,  August  17,  1783,  he  said : 

You  are  sensible,  Sir,  that  the  correspondence  between 
Congress  and  their  deputies  or  ministers  at  Paris  was  carried 
on  by  the  Secretary  for  foreign  affairs,  and  that  when  Mr. 
Livingston  resigned,  the  papers  of  his  office,  in  which  were 
deposited  all  the  letters  and  communications  from  the 
Ministers  of  the  United  States  at  foreign  courts,  were  sealed 
up.  In  that  state  I  received  them  into  my  care  until  a 
successor  to  Mr.  Livingston  should  be  appointed.2 

Lewis  R.  Morris,  the  first  Under-Secretary  of  the 
Department,  had  been  left  by  Livingston  in  charge  of 
the  Department's  business,  but  Congress  gave  him 
no  authority  to  act,  so  he  soon  left  the  office. 

On  August  26,  a  committee  reported,  through 
Stephen  Higginson  of  Massachusetts,  that  they  thought 
it  "of  the  highest  importance  that  a  Secretary  for 
that  office  should  be  elected,  and  that  in  the  mean  time 
the  papers  belonging  thereto  should  be  so  disposed 
of  as  that  Congress  may  have  recourse  to  them  when 
occasion  shall  require  it." 

It  was  proposed  that  a  secretary  be  elected  on 
Thursday  next  (the  day  being  Tuesday),  and  that  a 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  II,  folio  149. 
2  Ibid.,  20, 1,  folio  241. 


TEE  DEPARTMENT  OF  FOREIGN  AFFAIRS     41 

committee  be  appointed  to  make  a  list  of  the  papers 
and  that  then  the  secretary  should  arrange  and  care 
for  them  till  a  Secretary  for  foreign  affairs  should 
take  over  the  office,1  but  on  that  day  the  subject  was 
ignored. 

As  long  as  the  papers  were  sealed  in  Thomson's 
office  they  were  useless.  On  December  24,  1783, 
Elbridge  Gerry  moved  that  a  committee  be  appointed 
to  receive  them  from  the  Secretary  of  Congress  and 
make  a  list  of  them,  and  that  they  then  be  permitted 
to  remain  in  the  Secretary's  office  and  be  accessible 
to  members  of  Congress.  This  was  referred  to 
Thomas  Jefferson,  Samuel  Osgood  of  Massachusetts, 
and  Arthur  Lee  of  Virginia;  but  Jefferson  did  not 
act  on  the  committee,2  and  nothing  was  done.  A  few 
days  later  Gerry,  seconded  by  Roger  Sherman,  moved 
the  following: 

Whereas  on  the  4  day  of  June  last  Congress  resolved  that 
the  Secretary  of  Congress  be  directed  to  receive  the  papers 
of  the  office  of  foreign  affairs  into  his  care  till  a  successor  to 
Mr.  Livingston  be  appointed  and  that  the  next  "Wednesday 
(which  then  ensued)  be  assigned  for  the  election  of  a  Secre- 
tary of  the  department  of  foreign  affairs:  and  whereas  the 
Secretary  of  Congress  has  in  consequence  of  the  said  resolve 
received  cases  without  examining  their  contents  supposed  to 
contain  the  said  papers  and  also  the  books  of  the  office  of 
foreign  affairs  and  informs  Congress  that  he  has  kept  the 
said  cases  locked  and  sealed  to  the  present  period.  And 
whereas  Congress  have  not  hitherto  been  able  to  unite  in 
the  election  of  a  principal  or  a  deputy  for  the  said  depart- 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  247. 
2  Ibid.,  25,  II,  folio  333. 


42  THE  DEPARTMENT  OF  STATE 

ment  and  it  cannot  be  conceived  neither  does  the  resolution 
import  that  the  members  of  this  house  who  have  a  constitu- 
tional right  to  a  free  access  to  all  the  books  and  files  of 
Congress  should  under  such  circumstances  or  under  any 
pretence  whatever  be  deprived  of  the  perusal  of  those 
important  documents,  it  is  therefore  resolved  that  the 
Secretary  of  Congress  be  directed  forthwith  to  cause  a  list 
to  be  taken  of  the  books  and  papers  of  the  office  of  foreign 
affairs  received  by  him  persuant  to  a  resolve  of  the  4  of  June 
last  and  that  any  member  of  Congress  shall  have  access  to 
the  same  agreeable  to  the  regulations  prescribed  for  the 
department  of  foreign  affairs. 

Jefferson  moved  to  strike  out  the  part  which  said 
that  the  Secretary  of  Congress  had  received  the  cases 
without  examining  them  and  had  kept  them  locked 
and  sealed,  and  it  was  struck  out.  He  then  moved  to 
strike  out  the  words  " neither  does  the  resolution  (of 
June  4)  import,"  so  that  the  sentence  should  read 
simply  that  it  could  not  be  conceived  that  the  members 
of  the  house  could  not  see  the  records,  and  this  motion 
also  was  carried.  It  was  then  moved  that  the 
resolution  be  postponed  till  the  following  Tuesday 
(the  day  was  Friday),  but  this  was  lost,  and  then  the 
whole  motion  was  lost. 

Gerry  then  moved  "That  an  under  Secretary  be 
appointed  to  take  the  charge  of  the  papers  belonging 
to  the  office  of  foreign  affairs  until  the  further  order 
of  Congress,  that  the  said  under  Secretary  be  directed 
to  make  and  lay  before  Congress  a  list  of  the  said 
papers. ' ' 

This  was  referred  to  a  committee  composed  of 
Roger  Sherman,  Samuel  Osgood,  and  Jacob  Read  of 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     43 

South  Carolina,  who  reported  it  favorably  and  it  was 
passed  February  3,  1784.1  Following  it  on  March  2, 
1784,  Henry  Eemsen,  Jr.,  was  elected  Under- 
Secretary  and  put  in  charge  of  the  papers.2  As  a 
matter  of  fact,  however,  the  functions  of  the  Depart- 
ment were  suspended  from  the  time  Livingston  left 
until  his  successor  arrived,  our  foreign  relations  ' 
being  managed  wholly  by  Congress,  upon  reports  of 
special  committees.  It  had  been  the  duty  of  the 
Secretary  for  Foreign  Affairs  to  introduce  a  foreign 
minister  upon  his  being  admitted  to  his  first  audience 
with  the  Congress,  but  P.  J.  Van  Berckel  arriving 
during  the  interregnum  as  minister  plenipotentiary 
from  the  United  Netherlands,  Congress  ordered, 
October  25,  1783,  that  the  Superintendent  of  Finance 
and  Secretary  of  War,  or  either  of  them,  perform  the 
ceremonial  duties  usually  assigned  to  the  Secretary 
for  Foreign  Affairs. 

Notice  having  been  received  from  Franklin  that 
Jay  intended  leaving  France  for  America  in  April, 
1784,  Gerry  nominated  him  in  Congress  May  7,  1784, 
for  Secretary  of  Foreign  Affairs,  and  he  was  elected. 
He  took  the  oath  of  office  and  entered  on  his  duties  \ 
September  21, 1784.  Remsen  was  continued  as  Under- 
Secretary;  but  Jay  deemed  the  arrangement  of  one 
secretary  and  clerks  advisable,  and  he  was  given 
authority  to  return  to  that  plan. 

A  committee  reported,  December  14,  1784,  that  the 
Secretary  ought  to  have  $1,000  a  year  above  his  salary 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  329. 
2  Ibid.,  25,  II,  f  olio  247. 


44  TEE  DEPARTMENT  OF  STATE 

of  $4,000,  as  necessary  for  his  expenditure  in  main- 
taining bis  office,  but  this  was  not  agreed  to.  On 
the  same  report  it  did  agree  December  15  to  the 
following: 

That  the  resolution  of  February  3,  1784,  for  the  appoint- 
ment of  an  under  Secretary  in  the  department  of  foreign 
affairs  to  take  charge  of  the  papers,  and  the  appointment 
in  consequence  thereof  continue  in  force  no  longer  than  until 
a  Secretary  to  the  United  States  for  the  department  of 
foreign  affairs  take  the  oath  and  enter  upon  the  execution 
of  his  office.1 

Jay  bad  hardly  taken  control  before  be  wrote  to  the 
President  of  Congress  (January  23,  1785) : 

1  have  some  reason,  Sir,  to  apprehend  that  I  have  come 
into  the  office  of  Secretary  for  foreign  affairs  with  Ideas  of 
its  Duties  &  Rights  somewhat  different  from  those  which 
seem  to  be  entertained  by  Congress.2 

He  accordingly  asked  for  instructions,  and  the 
duties  of  the  Department  were  defined  by  Congress. 
It  was  resolved,  February  11,  1785,  that : 

In  pursuance  of  the  resolutions  of  the  22d  of  February 
1782,  all  communications  to  as  well  as  from  the  United 
States  in  Congress  assembled  on  the  subject  of  foreign  affairs, 
be  made  through  the  Secretary  for  the  department  of  foreign 
affairs ;  and  that  all  letters,  memorials  or  other  papers  on  the 
subject  of  foreign  affairs,  for  the  United  States  in  Congress 
assembled,  be  addressed  to  him. 

Resolved,  That  all  papers  written  in  a  foreign  language, 
which  may  in  future  be  communicated  to  Congress  from  the 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  395. 

2  Dept.  of  State  MSS.,  American  Letters,  Vol.  I. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     45 

office     of     the     department     of     foreign     affairs,     shall     be 
accompanied  with  a  translation  into  English. 

Resolved,  That  the  Secretary  for  the  department  of  foreign 
affairs  be  and  he  is  hereby  authorized,  to  appoint  an  inter- 
preter, whose  duty  it  shall  be  to  translate  all  such  papers  as 
may  be  referred  to  him,  as  well  by  the  United  States  in 
Congress  assembled  as  by  Committees  of  Congress,  the 
secretary  for  the  department  of  foreign  affairs,  the  secretary 
of  Congress,  the  board  of  treasury,  or  the  secretary  for  the 
department  of  war;  and  who  shall  be  entitled  to  receive 
such  allowance  as  the  secretary  for  foreign  affairs  may  think 
sufficient,  not  to  exceed  the  annual  pay  of  a  clerk  in  the  office ; 
and  who,  previous  to  his  entering  on  his  duty  as  interpreter, 
shall  take  the  oath  of  fidelity,  and  the  oath  of  office,  prescribed 
in  an  ordinance  passed  on  the  27th  day  of  January  last,  a 
registry  of  which  oaths  shall  be  kept  in  the  office  of  the 
secretary  of  Congress.1 

On  this  subject  Madison  wrote  to  Monroe,  March 
21,  1785 : 

If  the  office  of  foreign  affairs  be  a  proper  one,  and  properly 
filled,  a  reference  of  all  foreign  despatches  to  it  in  the  first 
instance  is  so  obvious  a  course,  that  any  other  disposition  of 
them  by  Congress  seems  to  condemn  their  own  establishment, 
to  affront  the  minister  in  office,  and  to  put  on  him  a  label  of 
caution  against  that  respect  and  confidence  of  the  ministers 
of  foreign  powers  which  are  essential  to  his  usefulness.  I 
have  always  conceived  the  several  ministerial  departments 
of  Congress  to  be  provisions  for  aiding  their  counsels  as  well 
as  executing  their  resolutions,  and  that  consequently  whilst 
they  retain  the  right  of  rejecting  the  advice  which  may  come 
from  either  of  them,  they  ought  not  to  renounce  the  oppor- 
tunity of  making  use  of  it.  The  foreign  department  is,  I  am 
sensible,  in  several  respects  the  most  difficult  to  be  regulated, 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  413. 


46  THE  DEPARTMENT  OF  STATE 

but  I  cannot  think  the  question  arising  on  Mr.  Jay's  letter 
is  to  be  numbered  among  the  difficulties.1 

The  Committee  which  submitted  these  resolutions 
was  James  Monroe  of  Virginia,  Zephaniah  Piatt  of 
New  York,  Jacob  Read  of  South  Carolina,  Samuel 
Hardy  of  Virginia,  and  Richard  Dobbs  Spaight  of 
North  Carolina,  and  they  were  written  by  Read. 

On  the  subject  of  the  Under-Secretary,  the  following 
report  by  Read,  Gerry,  and  Charles  Pinckney  of 
South  Carolina  was  read  March  14,  1785 ;  and  passed 
April  12: 

That  by  the  act  of  Congress  of  the  22d  February  1782  the 
Secretary  for  the  Department  of  Foreign  Affairs  is  authorized 
to  appoint  a  Secretary  with  a  salary  of  one  thousand  dollars 
a  year,  and  one  or  if  necessary  more  clerks  whose  salaries 
should  be  five  hundred  dollars  each  per  annum. 

That  by  a  subsequent  act  of  Congress  of  the  1st  of  March 
1782  the  Secretary  for  foreign  affairs  is  authorized  to  appoint 
two  under  Secretaries  with  a  salary  to  the  first  of  800  dollars 
a  year,  and  to  the  second  of  700  dollars — and  so  much  of 
the  act  of  the  22d  February  1782  is  thereby  repealed  as 
annexes  the  salary  of  1000  dollars  to  that  appointment. 

That  the  later  arrangement  appears  to  have  taken  place 
at  the  instance  of  the  then  Secretary  for  foreign  affairs,  in 
order  to  enable  him  to  take  a  gentleman  into  the  office  whom 
he  found  very  proper,  and  who  declined  serving  in  the 
capacity  of  a  clerk. 

That  after  a  suspension  of  the  Department  for  foreign 
affairs  for  nine  months,  Congress  on  the  1st  March,  1784, 
appointed  an  under  Secretary  who  in  obedience  to  their 
orders  took  charge  of  the  papers,  and  has  acted  in  the  office 

i  Writings  (Hunt),  I,  141. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     47 

continually  since  as  Under  Secretary  and  clerk  without  other 
aid  till  the  appointment  of  the  present  Secretary  for  foreign 
affairs 

Your  Committee  conceive  that  when  Congress  elected  the 
under  Secretary  he  ought  to  have  been  entitled  to  the  salary 
annexed,  at  the  first  establishment  of  the  Department  to  the 
office  of  under  Secretary 

Your  committee  therefore  recommend  that  it  be 

Resolved 

That  the  act  of  Congress  of  the  1st  day  of  March  1782 
authorizing  the  Secretary  for  foreign  affairs  to  appoint  two 
under  Secretaries  be  repealed,  and  that  so  much  of  the  Act 
of  the  22d  February,  1782,  as  was  repealed  by  the  said  act 
of  the  1st  of  March,  1782,  be  declared  to  be  of  full  force  and 
effect  and  so  construed  and  taken  from  the  1st  day  of  March 
1784.1 

The  tendency  was  to  increase  the  authority  of  the 
Department.  September  7,  1785,  on  motion  of 
Charles  Pinckney,  the  Secretary  was  given  authority 
to  inspect  any  letters  in  the  post-office  for  twelve 
months,  except  those  to  and  from  members  of  Con- 
gress, and  on  October  23,  1786,  the  privilege  was 
renewed  without  limitation  of  time.2  How  he  was 
called  to  appear  before  Congress  is  illustrated  by  the 
following : 

Office  of  Secretary  of  Congress 
Oct.  6,  1785 
Sir, 

I  have  it  in  charge  to  inform  you  that  your  attendance 
is  required  in  Congress  to-morrow  at  12  o'clock,  to  which 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  423. 
2  Ibid.,  25,  II,  folios  445,  495. 


48  THE  DEPARTMENT  OF  STATE 

time  Congress  have  postponed  the  consideration  of  your 
report  "respecting  the  number  of  consuls  necessary  to  be 
appointed  and  for  what  foreign  posts." 

I  have  the  honor  to  be 

Sir 
Your  most  obedt. 
humble  servt. 

Chas.  Thomson1 

The  negotiations  of  treaties  with  foreign  powers 
had  not  thus  far  been  carried  on  in  the  United  States, 
but  by  our  ministers  abroad,  under  instructions 
from  Congress.  Their  ratification  by  Congress  was 
announced  by  proclamation,  the  approval  of  the 
representatives  of  at  least  nine  states  being  necessary 
under  the  Confederation.  But  Jay  was  called  upon 
to  conduct  negotiations  with  the  Spanish  minister 
looking  to  a  treaty  with  that  power,  involving  the  vital 
question  of  the  right  to  the  navigation  of  the  Missis- 
sippi. The  insufficiency  of  his  powers  prompted  him 
to  address  Congress,  May  29,  1786,  and  ask  whether 
it  would  not  be  advisable  to  appoint  a  committee  with 
power  to  instruct  him  "on  every  point  and  subject 
relative  to  the  proposed  treaty."  With  this  request 
Congress  refused  to  comply.  He  was  given,  August 
29,  power  "to  treat,  adjust,  conclude  and  sign  with 
Don  Diego  de  Gardogui"  a  boundary  treaty  or  con- 
vention, but  was  charged  to  inform  Congress  what 
propositions  were  made  to  him  before  he  agreed  to 
any  of  them.    He  was  dependent  upon  Congress. 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  55,  folio  283. 


TEE  DEPARTMENT  OF  FOREIGN  AFFAIRS     49 

Office  of  Secretary  of 
Congress 

June  7  1788 
Sir, 

Congress  have  considered  your  letter  of  the  4th  wherein 
you  inform  them  that  "the  city  and  county  of  New  York 
have  elected  you  one  of  their  deputies  to  the  state  convention, 
which  is  to  meet  on  the  17th  instant  at  Poughkeepsie  to  con- 
sider and  decide  on  the  proposed  federal  constitution — that 
if  it  be  agreeable  to  Congress  you  will  attend,  if  not  you 
will  decline  the  appointment  and  request  their  directions  on 
the  subject. 

In  answer  to  your  letter  I  have  it  in  charge  to  inform  you 
that  if  you  incline  to  attend  the  convention,  you  have  leave 
of  absence  for  the  purpose. 

With  great  respect  &c. 

Chas.  Thomson. 
The  Honorable 
John  Jay1 

The  Constitution  of  the  United  States  had  been 
adopted  and  elections  under  it  were  in  progress  for 
the  new  Congress,  when  the  last  Congress  under  the 
old  Confederation  appointed,  August  14,  1788,  a  com- 
mittee composed  of  Messrs.  Samuel  A.  Otis  of  Massa- 
chusetts, Ezra  L'Hommedieu  of  New  York,  James 
Randolph  Eeid  of  Pennsylvania,  Thomas  Tudor  Tucker 
of  South  Carolina,  and  John  Brown  of  Virginia  to 
report  on  the  condition  in  which  the  Department  of 
Foreign  Affairs  then  was.  They  found  that  it  occupied 
two  rooms,  one  being  the  Secretary's  and  the  other 
that  of  his  deputy  and  clerks.    The  daily  transactions 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  55,  folio  333. 


50  THE  DEPARTMENT  OF  STATE 

were  entered  in  a  minute  book  as  they  occurred  and 
from  these  copied  into  a  journal,  which  contained  all 
the  transactions  of  the  Department.  At  present  the 
journal  was  in  two  folio  volumes.  The  Secretary's 
letters  to  agents  abroad  were  recorded  in  a  book 
entitled  Book  of  Foreign  Letters,  such  parts  as 
required  secrecy  being  in  cipher.  The  correspondence 
with  foreign  ministers  and  others  in  the  United  States 
was  recorded  in  the  American  Letter  Book,  and 
comprised  three  folio  volumes.  Reports  to  Congress 
were  recorded  in  a  Book  of  Reports,  the  third  volume 
of  which  was  then  in  hand.  The  negotiations  with 
Spain  were  recorded  in  a  separate  book.  Passports 
for  vessels  issued  under  the  Act  of  Congress  of 
February  12,  1788,  with  evidence  accompanying  the 
applications,  were  recorded  in  a  book  kept  for  the 
purpose.  Letters  of  credence  and  commissions  of 
foreign  ministers,  charge  d'affaires,  and  consuls  were 
recorded  in  the  Book  of  Foreign  Commissions.  There 
was  also  a  Book  of  Accounts,  showing  the  expenses 
of  the  office,  and  one  in  which  were  entered  all  acts  of 
Congress  relating  to  the  Department.  The  business 
of  the  office  was  conducted  by  the  Secretary's  deputy 
and  two  clerks,  who  gave  such  time  as  they  could  to 
recording  previous  correspondence.  They  had  already 
recorded  one  volume  of  Dana's  letters  during  his 
mission  to  Russia,  beginning  February  18,  1780,  and 
ending  December  17,  1783;  of  H.  Lauren's,  beginning 
January  24,  1780,  and  ending  April  30,  1784;  of  J. 
Laurens's,  during  his  special  mission  at  Versailles 
from  January  3,  and  ending  September  6, 1781.    There 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     51 

were  five  volumes  of  Adams's  letters  from  December 
23,  1777,  to  April  10,  1787,  and  work  was  in  progress 
on  the  sixth  volume.  Two  volumes  contained  Jay's 
letters  from  December  20,  1779,  to  July  25,  1784. 
Deane's  letters  from  September  17,  1776,  to  March 
17,  1782,  were  recorded,  and  those  from  Arthur  Lee 
from  February  13,  1776,  to  February  13,  1778,  were 
in  hand.  The  letters  from  Franklin,  Jefferson,  the 
first  joint  commissioners  and  the  joint  commissioners 
for  negotiating  a  treaty  of  peace,  and  those  for 
negotiating  treaties  of  commerce,  William  Lee,  Dumas, 
and  others,  were  numerous,  and  were  not  yet  recorded. 
"The  letter  book  of  the  late  committee  for  foreign 
affairs  composed  of  sheets  stitched  together  and 
much  worn"  had  been  copied  in  a  bound  book  and 
indexed.  There  was  an  index  to  the  paper  cases 
and  to  the  boxes  in  each  case,  and  to  the  papers  in 
each  box,  the  original  letters  and  papers  being  in  the 
cases  and  boxes.  The  office  was  constantly  open  from 
nine  o  'clock  in  the  morning  till  six  in  the  evening,  and 
one  clerk  remained  in  the  office  while  the  others  went 
to  dinner.  The  report  concluded:  "And  upon  the 
whole  they  find  neatness,  method  and  perspicacity 
throughout  the  department."1 

This  was  the  last  report  made  upon  the  condition 
of  the  Department  of  Foreign  Affairs.  The  last  act 
relative  to  foreign  affairs  was  taken  by  the  expiring 
Congress,  September  16,  1788,  when,  on  a  report  from 
a  committee  composed  of  Hamilton,  Madison,  Nathan 
Dane,  and  Tunis  Edwards  of  Massachusetts,  it  was : 

i  Cont.  Cong.  MSS.,  Lib.  Cong.,  25,  II,  folio  495. 


52  THE  DEPARTMENT  OF  STATE 

Resolved,  That  no  further  progress  be  made  in  the  negotia- 
tions with  Spain,  by  the  secretary  for  foreign  affairs,  but 
that  the  subject  to  which  they  relate  be  referred  to  the 
federal  government,  which  is  to  assemble  in  March  next.1 

One  month  later  the  Congress  of  the  Confederation 
ceased  to  act,  and  never  afterwards  had  a  sufficient 
number  of  members  attending  to  form  a  quorum. 

The  only  two  Secretaries  of  Foreign  Affairs  before 
the  Constitution  went  into  effect  were  Livingston  and 
Jay.  Both  showed  conspicuous  ability,  and  it  is  doubt- 
ful if  men  better  equipped  for  the  office  they  held  could 
have  been  found  in  America.  The  diplomacy  of  the 
Revolution  was  successful,  but  this  was  due  chiefly  to 
the  American  diplomatists,  for  the  machinery  which 
they  were  obliged  to  use  was  weak  and  inadequate  for 
its  purpose.  In  no  branch  of  governmental  affairs 
was  the  necessity  for  a  stronger  government  and 
closer  union  of  the  states  more  crying  than  in  our 
foreign  relations,  and  this  was  more  evident  after  the 
peace  than  it  was  while  the  states  clung  together  in 
the  common  danger  of  war. 

"When  our  ministers  and  agents  in  Europe,"  says  John 
Fiske,  "raised  the  question  as  to  making  commercial  treaties, 
they  were  disdainfully  asked  whether  European  powers  were 
expected  to  deal  with  thirteen  governments  or  with  one.  If 
it  was  answered  that  the  United  States  constituted  a  single 
government  so  far  as  their  relations  with  foreign  powers 
were  concerned,  then  we  were  forthwith  twitted  with  our 
failure  to  keep  our  engagements  with  England  with  regard 
to  the  loyalists  and  the  collection  of  private  debts.  'Yes, 
we  see,'  said  the  European  diplomats;  'the  United  States 

i  Secret  Journals,  IV,  452. 


THE  DEPARTMENT  OF  FOREIGN  AFFAIRS     53 

are  one  nation  to-day  and  thirteen  to-morrow,  according  as 
may  seem  to  subserve  their  selfish  interests.'  Jefferson,  at 
Paris,  was  told  again  and  again  that  it  was  useless  for  the 
French  government  to  enter  into  any  agreement  with  the 
United  States,  as  there  was  no  certainty  that  it  would  be 
fulfilled  on  our  part,  and  the  same  things  were  said  all  over 
Europe."1 

The  steps  towards  executive  departments,  and 
especially  towards  a  Department  for  Foreign  Affairs, 
had  been  regular  and  natural.  First,  there  was  the  j 
Committee  of  Secret  Correspondence,  to  correspond  1 
with  friends  in  Great  Britain  while  the  possibility  of 
a  reconciliation  existed.  Soon  it  had  the  functions 
of  a  Committee  of  Foreign  Affairs  and  the  title  was 
conferred  upon  it.  The  contest  in  Congress  over  the 
establishment  of  departments  was  prolonged  and 
stubborn.  On  the  one  side  were  members  who  were 
unwilling  to  delegate  any  power,  on  the  other  those 
who  wanted  to  establish  efficient  government.  When 
the  Department  of  Foreign  Affairs  wTas  created,  real 
power  was  withheld  from  it,  but  the  very  necessities 
of  government  gave  it  more  authority  from  time  to 
time,  until  it  came  to  have  a  fair  resemblance  to  a  real 
foreign  office,  and  made  the  establishment  of  one 
under  the  Constitution  a  natural  graduation. 

i  The  Critical  Period  of  American  History  (3d  edition),  p.  160. 


CHAPTER  IV 

THE  CREATION  OF  THE  DEPARTMENT  OF  STATE 

ALTHOUGH  the  Constitution  did  not  provide  in 
terms  for  the  creation  of  Executive  Departments 
of  the  government,  it  spoke  of  them  as  things  which 
would  be  established  as  a  matter  of  course.  Article  II, 
section  2,  in  treating  of  the  powers  of  the  President, 
said:  "He  may  require  the  Opinion,  in  writing,  of 
the  principal  Officer  in  each  of  the  executive  Depart- 
ments, upon  any  Subject  relating  to  the  duties  of  their 
respective  Offices";  and  further  in  the  same  section: 
"but  the  Congress  may  by  law  vest  the  appointment 
of  such  inferior  officers,  as  they  think  proper,  in  the 
President  alone,  or  in  the  courts  of  law,  or  in  the  heads 
of  Departments." 

The  government  under  the  Confederation  had 
Departments  of  Finance,  of  War,  Marine,  Post-Office, 
and  Foreign  Affairs,  but  it  had  no  Department  of 
State.  The  laws,  ordinances,  and  proclamations  were 
promulgated  from  the  office  of  the  Secretary  of 
Congress,  being  signed  by  the  President  of  Congress 
and  countersigned  by  the  Secretary,  who  also  kept 
the  great  seal  from  1782,  when  one  was  adopted. 
Commissions  were  made  out  in  the  Secretary's  office 


CREATION  OF  DEPARTMENT  OF  STATE        55 


also.     The  ordinance  of  March  31,   1785,  confirmed 
the  existing  practice,  directing,  among  other  things : 

He  shall  transmit  to  the  several  states,  all  acts,  ordinances, 
resolutions  and  recommendations  of  Congress — correspond 
with  the  states,  for  the  purpose  of  receiving  communications 
from  them,  relative  to  the  execution  of  the  same,  and  make 
report  thereof  to  Congress — keeping  a  book  in  which  shall 
be  entered  copies  of  all  such  letters  and  communications. 

He  shall  authenticate  all  acts  and  proceedings  of  Congress 
not  specially  directed  to  be  authenticated  by  their  president— 
and  keep  a  register  of  all  treaties,  conventions,  ordinances 
and  permanent  acts  of  Congress 

He  shall  keep  the  great  seal  of  the  federal  union,  and 
cause  the  same  to  be  affixed  to  every  act,  ordinance,  or  paper 
Congress  shall  direct.  He  shall  superintend  the  printing  of 
the  journals  and  other  publications  ordered  by  Congress. 

In  the  Constitutional  Convention  it  was  shown  that 
the  framers  had  in  mind  the  creation  of  effective 
Executive  Departments.  Alexander  Hamilton's  plan 
of  government  contemplated  a  supreme  executive  "to 
have  the  sole  appointment  of  the  heads  or  chief  officers 
of  the  Departments  of  Finance,  War,  and  Foreign 
Affairs."1  Oliver  Ellsworth  proposed  that  there  be 
an  executive  council  to  consist  of  the  President  of  the 
Senate,  the  Chief  Justice,  "and  the  ministers  as  they 
might  be  established  for  the  department  of  foreign 
and  domestic  affairs,  war,  finance  and  marine,  who 
shall  advise  but  not  conclude  the  President."2 
Gouverneur    Morris    of    Pennsylvania,    seconded    by 

i  Writings  of  Madison  (Hunt),  III,  195. 
2  Ibid.,  IV,  234. 


56  THE  DEPARTMENT  OF  STATE 

Charles  Pinckney  of  South   Carolina,  submitted  the 
following: 

To  assist  the  President  in  conducting  the  Public  affairs 
there  shall  be  a  Council  of  State  composed  of  the  following 
officers — 1.  The  Chief  Justice  of  the  Supreme  Court,  who 
shall  from  time  to  time  recommend  such  alterations  of  and 
additions  to  the  laws  of  the  U.  S.  as  may  in  his  opinion  be 
necessary  to  the  due  administration  of  Justice,  and  such  as 
may  promote  useful  learning  and  inculcate  sound  morality 
throughout  the  Union :  He  shall  be  President  of  the  Council 
in  the  absence  of  the  President. 

2.  The  Secretary  of  Domestic  Affairs  who  shall  be 
appointed  by  the  President  and  hold  his  office  during 
pleasure.  It  shall  be  his  duty  to  attend  to  matters  of  general 
police,  the  State  of  Agriculture  and  Manufactures,  the 
opening  of  roads  and  navigations,  and  the  facilitating 
communications  thro'  the  States;  and  he  shall  from  time  to 
time  recommend  such  measures  and  establishments  as  may 
tend  to  promote  those  objects. 

3.  The  Secretary  of  Commerce  and  Finance  who  shall  be 
appointed  by  the  President  during  pleasure.  It  shall  be  his 
duty  to  superintend  all  matters  relating  to  the  public  finances, 
to  prepare  &  report  plans  of  revenue  and  for  the  regulation 
of  Expenditures,  and  also  to  recommend  such  things  as  may 
in  his  Judgment  promote  the  commercial  interests  of  the  U.  S. 

4.  The  Secretary  of  foreign  affairs  who  shall  also  be 
appointed  by  the  President  during  pleasure.  It  shall  be  his 
duty  to  correspond  with  all  foreign  Ministers,  prepare  plans 
of  Treaties,  &  consider  such  as  may  be  transmitted  from 
abroad,  and  generally  to  attend  to  the  interests  of  the  U.  S. 
in  their  connections  with  foreign  powers. 

5.  The  Secretary  of  War  who  shall  also  be  appointed  by 
the  President  during  pleasure.  It  shall  be  his  duty  to  super- 
intend everything  relating  to  the  war  Department,  such  as 
the  raising  and  equipping  of  troops,  the  care  of  military 


CREATION  OF  DEPARTMENT  OF  STATE        57 

stores,  public  fortifications,  arsenals  &  the  like — also  in  time 
of  war  to  prepare  and  recommend  plans  of  offence  and 
Defence. 

6.  The  Secretary  of  the  Marine  who  shall  also  be 
appointed  during  pleasure — It  shall  be  his  duty  to  super- 
intend everything  relating  to  the  Marine  Department,  the 
public  ships,  Dock  Yards,  naval  Stores  &  Arsenals — also  in 
the  time  of  "War  to  prepare  and  recommend  plans  of  offence 
and  defence. 

The  President  shall  also  appoint  a  Secretary  of  State  to 
hold  office  during  pleasure;  who  shall  be  Secretary  to  the 
Council  of  State,  and  also  public  Secretary  to  the  President. 
It  shall  be  his  duty  to  prepare  all  Public  dispatches  from  the 
President  which  he  shall  countersign. 

The  President  may  from  time  to  time  submit  any  matter 
to  the  discussion  of  the  Council  of  State,  and  he  may  require 
the  written  opinions  of  any  one  or  more  of  the  members: 
But  he  shall  in  all  cases  exercise  his  own  judgment,  and 
either  Conform  to  such  opinions  or  not  as  he  may  think 
proper;  and  every  officer  above  mentioned  shall  be  respon- 
sible for  his  opinion  on  the  affairs  relating  to  this  particular 
Department. 

Each  of  the  officers  above  mentioned  shall  be  liable  to 
impeachment  &  removal  from  office  for  neglect  of  duty 
malversation  or  corruption.1 

The  proposition  for  a  council  of  state  was  rejected, 
but  a  part  of  the  purpose  which  it  was  intended  to 
serve  was  recognized  in  section  2  of  Article  II  of  the 
Constitution,  which  provides  that  the  President  "may 
require  the  Opinion,  in  writing,  of  the  principal 
Officer  in  each  of  the  executive  Departments,  upon  any 
Subject   relating   to    the   Duties    of   their   respective 

i  Writings  of  Madison   (Hunt),  IV,  242. 


58  THE  DEPARTMENT  OF  STATE 

Offices."  Morris's  motion  and  others  looking  to  the 
same  end  show  that  the  members  of  the  Convention 
entertained  well-defined  ideas  of  the  division  of  the 
duties  of  executive  government. 

The  first  Congress  under  the  Constitution  obtained 
a  quorum  in  both  branches  on  April  6,  1789,  when  the 
electoral  votes  for  President  and  Vice-President  were 
counted.  On  April  30,  George  Washington  was 
inaugurated  and  entered  upon  the  duties  of  the 
Presidency,  but  as  yet  no  executive  machinery  had 
been  arranged.  The  attention  of  Congress  had  been 
engrossed  by  the  question  of  providing  revenue  with 
which  to  run  the  new  government,  and  it  was  not 
until  May  19  that  the  matter  of  creating  Executive 
Departments  was  taken  up.1 

On  that  day  Elias  Boudinot  of  New  Jersey  formally 
brought  it  before  the  Committee  of  the  Whole  of  the 
House  of  Representatives. 

"The  great  Executive  Departments,"  he  said, 
"which  were  in  existence  under  the  late  Confederation, 
are  now  at  an  end,  at  least  so  far  as  not  to  be  able  to 
conduct  the  business  of  the  United  States."  The 
Constitution,  he  continued,  contemplated  Executive 
Departments  to  aid  the  President.  The  finances  of 
the  government  required  immediate  attention.  The 
old  Departments  could  not  be  models  for  the  new, 
because  of  the  essential  change  which  had  taken  place 
in  the  government.  He  preferred  that  provision  be 
made  first  for  a  Department  of  Finance,  the  head  of 
which  should  be  termed  "the  Secretary  of  Finance," 

i  Annals  of  Cong.,  1st  Cong.,  I,  368,  et  seq. 


CREATION  OF  DEPARTMENT  OF  STATE        59 

and  after  that  to  proceed  to  the  consideration  of  the 
War  Department  and  Department  of  Foreign  Affairs. 
Egbert  Benson  of  New  York  moved  that  three 
Departments  be  established  "in  aid  of  the  Chief 
Magistrate,"  to  be  "severally  denominated  the 
Department  of  Foreign  Affairs,  Treasury,  and  War." 
John  Vining  of  Delaware  thought  there  should  be 
added  a  Home  Department  to  deal  with  the  territorial 
possessions  and  domestic  affairs  of  the  country.  After 
further  debate,  James  Madison  offered  as  a  substitute 
for  the  several  motions  before  the  committee  the 
following : 

That  there  shall  be  established  an  Executive  Department, 
to  be  denominated  the  Department  of  Foreign  Affairs,  at  the 
head  of  which  there  shall  be  an  officer,  to  be  called  the 
Secretary  to  the  Department  of  Foreign  Affairs,  who  shall 
be  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate ;  and  to  be  removable  by  the  President. 

That  there  shall  be  a  Treasury  Department,  &c. 

That  there  shall  be  a  War  Department,  &c. 

Vining  at  once  proposed  to  add  a  "Domestic  Depart- 
ment," but  presently  withdrew  the  motion  for  the 
time  being.  Samuel  Livermore  of  Massachusetts 
objected  to  the  Department  of  Foreign  Affairs  being 
placed  at  the  head  of  the  list.  He  thought  the 
Treasury  Department  was  the  most  important  and 
should  go  first.  The  committee,  however,  accepted 
Madison's  motion;  but  when  it  took  up  the  matter  of 
the  appointment  and  removal  of  the  Secretary  an 
interesting  debate  arose. 

William  Smith  of  South  Carolina  thought  it  un- 


60  THE  DEPARTMENT  OF  STATE 

necessary  to  prescribe  that  the  Secretary  of  Foreign 
Affairs  should  be  appointed  "by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,"  as 
the  Constitution  already  prescribed  this  mode,  and 
the  clause  concerning  removability  was  objectionable 
because  it  conferred  the  power  of  removal  upon  the 
President  alone.  On  his  motion  the  clause  relative 
to  the  mode  of  appointment  was  struck  out.  Smith 
then  said  he  doubted  if  the  Secretary  could  be  removed 
by  the  President.  Being  once  in  office  he  must  remain 
until  death  or  conviction  upon  impeachment.  James 
Jackson  of  Georgia  proposed  that  the  President  be 
given  power  to  suspend  the  Secretary  after  his 
impeachment  by  the  Senate,  but  thought  his  removal 
required  his  conviction  upon  impeachment  by  the 
Senate.    Boudinot  replied : 

The  gentlemen  who  denied  the  power  of  the  President  to 
remove  from  office  founded  their  opinion  upon  the  fourth 
section  of  the  second  article  of  the  Constitution,  where  it 
declared  that  all  officers  shall  be  removed  from  office  on 
impeachment  for,  and  on  conviction  of,  treason  or  bribery. 
If  their  construction  is  admissible,  and  no  officer  whatever 
is  to  be  removed  in  any  other  way  than  by  impeachment,  we 
shall  be  in  a  deplorable  situation  indeed.  Consider  the  extent 
of  the  United  States,  and  the  difficulty  of  conducting  a 
prosecution  against  an  officer,  who,  with  the  witnesses,  resides 
a  thousand  miles  from  the  seat  of  government.  But  suppose 
the  officer  should,  by  sickness,  or  some  other  accident,  be 
rendered  incapable  of  performing  the  functions  of  the  office, 
must  he  be  continued  ?  And  yet  it  is  to  be  apprehended  that 
such  a  disability  would  not  furnish  any  good  ground  for 
impeachment;  it  could  not  be  laid  as  treason  or  bribery,  nor 
perhaps  as  a  high  crime  or  misdemeanor.    Would  gentlemen 


CREATION  OF  DEPARTMENT  OF  STATE        61 

narrow  the  operation  of  the  Constitution  in  this  manner,  and 
render  it  impossible  to  be  executed? 

Impeachment,  he  contended,  was  provided  for  in 
the  Constitution  as  a  means  of  removal  for  crimes 
and  not  as  the  ordinary  means. 

Alexander  White  of  Virginia  argued  that  in  all 
cases  the  party  who  appointed  ought  to  judge  of  the 
removal,  and  the  Senate  must  participate  in  the  one 
as  it  did  in  the  other. 

Madison  argued  on  the  other  side.  To  deny  the 
President's  power  of  removal  would,  he  said,  establish 
every  officer  of  the  government  in  place  during  good 
behavior,  which  would  be  fatal  to  the  government. 
The  President  must  have  the  power  of  removal  from 
office,  so  that  he  might  be  held  responsible  for  his 
subordinate's  conduct,  and  the  head  of  an  Executive 
Department  should  be  responsible  to  the  President 
alone.  To  say  that  he  must  not  be  removed  without 
the  advice  and  consent  of  the  Senate  was  to  relieve 
the  President  of  responsibility  and  make  the  Senate 
share  it,  and  the  Senate  could  not  be  held  to  accounta- 
bility. "But  why,"  he  said,  "it  may  be  asked,  was 
the  Senate  joined  with  the  President  in  appointing  to 
office,  if  they  have  no  responsibility!  I  answer, 
merely  for  the  sake  of  advising,  being  supposed,  from 
their  nature,  better  acquainted  with  the  character  of 
the  candidates  than  an  individual;  yet  even  here  the 
President  is  held  to  the  responsibility — he  nominates, 
and,  with  their  consent,  appoints.  No  person  can  be 
forced  upon  him  as  an  assistant  by  any  other  branch 
of  the  Government."    There  was  another  objection  to 


62  THE  DEPARTMENT  OF  STATE 

the  Senate  sharing  in  the  dismissal.  It  would  tend  to 
mingle  the  executive  and  legislative  branches.  It  had 
been  objected  by  those  who  were  reluctant  to  accept 
the  Constitution  that  the  Senate  shared  too  much  of 
the  executive  power.  It  would  be  impolitic  and 
unwise,  therefore,  to  extend  their  power  in  this 
direction. 

At  the  close  of  the  debate  the  question  was  taken 
and  by  a  considerable  majority  decided  in  favor  of 
the  right  of  removal. 

The  next  day  the  House,  still  in  Committee  of  the 
Whole,  proceeded  to  the  consideration  of  the  bill  to 
create  a  Treasury  Department,  and  on  May  21  agreed 
to  the  following: 

Resolved,  That  it  is  the  opinion  of  this  committee  that 
there  ought  to  be  established  the  following  Executive  depart- 
ments, viz:  A  Department  of  Foreign  Affairs,  at  the  head 
of  which  shall  be  an  officer  to  be  called  Secretary  to  the 
United  States  for  the  Department  of  Foreign  Affairs, 
removable  by  the  President.  A  Treasury  Department,  at 
the  head  of  which  shall  be  an  officer  to  be  called  Secretary  to 
the  United  States  for  the  Treasury  Department,  removable 
by  the  President.  A  Department  of  War,  at  the  head  of 
which  shall  be  an  officer  to  be  called  Secretary  to  the 
United  States  for  the  Department  of  War,  removable  by  the 
President. 

Resolved,  That  this  House  doth  concur  with  the  committee 
in  the  said  resolution;  and  that  a  committee,  to  consist  of 
eleven  members,  be  appointed  to  prepare  and  bring  in  a  bill 
or  bills  pursuant  thereto. 

The  committee  was  elected,  to  consist  of  Abraham 
Baldwin  of  Georgia,  Vining  of  Delaware,  Livermore 


CREATION  OF  DEPARTMENT  OF  STATE        63 

of  Massachusetts,  Madison  of  Virginia,  Benson  of 
New  York,  iEdanus  Burke  of  South  Carolina,  Thomas 
Fitzsimons  of  Pennsylvania,  Elias  Boudinot  of  New- 
Jersey,  Elbridge  Gerry  of  Massachusetts,  and  Lambert 
Cadwalader  of  New  Jersey. 

Baldwin,  the  chairman  of  the  committee,  while  he 
represented  Georgia,  had  resided  in  his  native  state 
of  Connecticut  until  the  close  of  the  Revolutionary 
War.  He  graduated  at  Yale  in  1772,  taught  mathe- 
matics in  that  college  until  1777,  when  he  entered  the 
army  as  a  chaplain  and  served  in  that  capacity  till 
1783.  He  then  settled  in  Georgia,  where  he  became 
a  lawyer  and  was  sent  as  a  delegate  to  the  Constitu- 
tional Convention.  He  was  described  by  his  contem- 
porary, William  Pierce,  as  "a  gentleman  of  superior 
abilities,  and  joins  in  public  debate  with  great  art  and 
eloquence."1  He  was  a  Republican  and  generally 
opposed  to  conferring  extensive  executive  power.  Of 
the  other  members  of  the  committee  the  most  notable 
characters  were  Madison,  iEdanus  Burke,  and  Elias 
Boudinot.  Madison  and  Boudinot  favored  effective 
government  and  were  not  afraid  of  the  power  of  the 
executive;  but  Burke  was  a  radical  of  violent  type, 
jealous  of  all  government,  and  opposed  to  all  grants 
of  power.2 

The  results  of  the  deliberations  of  the  committee 
were  two  bills  presented  to  the  House  by  Baldwin 
June  2,  the  first  "to  establish  an  Executive  depart- 

i  Pierce's  notes.    Am.  Hist.  Bev.,  Ill,  333. 

2  His  essay  against  the  Society  of  the  Cincinnati  was  translated  into 
French  by  Mirabeau,  and  quoted  in  the  French  Assembly. 


64  THE  DEPARTMENT  OF  STATE 

ment,  to  be  denominated  the  Department  of  War," 
the  second  "to  establish  an  Executive  department,  to 
be  denominated  the  Department  of  Foreign  Affairs." 
Although  the  bill  to  create  the  War  Department 
was  actually  presented  to  Congress  before  the  bill  to 
create  a  Department  of  Foreign  Affairs,  the  committee 
did  not  intend  to  accord  precedence  to  the  War 
Department,  and  the  bill  for  the  Department  of 
Foreign  Affairs  was  considered  first.  It  came  before 
the  Committee  of  the  Whole  on  June  16,  and  at  once 
the  debate  concerning  the  removability  of  the  Secre- 
tary was  renewed,  the  arguments  on  both  sides  which 
had  been  made  a  month  before  being  repeated  and 
amplified,  and  continued  for  four  days.  The  question 
was  considered  to  be  of  vital  importance  and  all  the 
principal  members  spoke.  There  was  felt  to  be  force 
in  William  Smith's  argument  that  if  the  President 
already  had  the  power  of  removal  by  the  Constitution, 
it  ought  not  to  be  expressly  given  him  by  the  law,  and 
on  the  fifth  day,  June  22,  Benson  moved  to  amend  the 
bill  so  as  simply  to  imply  the  power  of  removal  in  the 
President  by  altering  the  second  clause,  which  pro- 
vided for  a  Chief  Clerk  to  be  appointed  by  the  Secre- 
tary and  employed  as  he  thought  proper,  and  in  case 
of  vacancy  in  the  office  of  Secretary  to  have  charge 
of  the  records  and  papers.  He  proposed  to  strike  out 
the  words  "to  be  removable  by  the  President"  in  the 
first  clause  of  the  bill  and  insert  in  the  second  clause, 
with  reference  to  custody  of  the  records  by  the  Chief 
Clerk,  the  words,  "whenever  the  said  principal  officer 
shall  be  removed  from  office  bv  the  President  of  the 


CREATION  OF  DEPARTMENT  OF  STATE        65 

United  States,  or  in  any  other  case  of  vacancy. ' '  This 
was  carried  by  a  vote  of  thirty  ayes  to  eighteen  noes, 
the  words  "to  be  removable  by  the  President"  being 
struck  out  by  a  vote  of  thirty-one  ayes  to  nineteen 
noes.1  The  bill  was  then  ordered  to  be  engrossed  and 
on  June  24  passed  by  the  House  by  a  vote  of  twenty- 
nine  to  twenty-two. 

As  it  went  to  the  Senate  it  read  as  follows : 

Be  it  enacted  by  the  Congress  of  the  United  States  that 
there  shall  be  an  executive  department  to  be  denominated  the 
department  of  Foreign  affairs :  and  that  there  shall  be  a 
principal  officer  therein,  to  be  called  the  Secretary  for  the 
department  of  foreign  affairs,  who  shall  perform  and  execute 
such  duties,  as  shall  from  time  to  time  be  enjoined  on,  or  be 
entrusted  to,  him  by  the  President  of  the  United  States  agree- 
able to  the  Constitution,  relative  to  correspondences  Com- 
missions, or  instructions,  to  or  with  public  Ministers  or 
Consuls,  from  the  United  States,  or  to  negotiations  from 
foreign  States  or  Princes,  or  to  memorials  or  other  applica- 
tions, from  foreign  public  ministers,  or  other  foreigners,  or 
to  such  other  matters  respecting  foreign  affairs,  as  the 
President  of  the  United  States  may  assign  to  the  said  depart- 
ment :  and  furthermore  that  the  said  principal  officer,  shall 
conduct  the  business  of  the  said  department  in  such  a  manner 
as  the  President  of  the  United  States  shall  from  time  to  time, 
order  or  instruct. 

And  be  it  further  enacted  That  there  shall  be  in  the  said 
department,  an  inferior  officer,  to  be  appointed  by  the  said 
principal  officer,  and  to  be  employed  therein  as  he  shall  deem 
proper,  and  to  be  called  the  Chief  Clerk  in  the  department 
of  foreign  affairs,  and  who  whenever,  the  said  principal  officer 

1  On  three  subsequent  occasions  the  question  of  removability  became 
acute  in  Congress — during  Jackson's  administration  in  1836,  again 
when  Andrew  Johnson  was  President,  and  again  under  Cleveland. 


66  THE  DEPARTMENT  OF  STATE 

shall  be  removed  from  office  by  the  President  of  the  United 
States,  or  in  any  other  case  of  Vacancy  shall  during  such 
vacancy  have  the  charge  and  custody  of  all  records,  books 
and  papers  appertaining  to  the  said  department — Provided, 
nevertheless  that  no  appointment  of  such  chief  Clerk  shall 
be  valid  until  the  same  shall  have  been  approved  by  the 
President  of  the  United  States. 

And  be  it  further  enacted,  That  the  said  principal  officer, 
and  every  other  person  to  be  appointed  or  employed  in  the 
said  department,  shall  before  he  enters  on  the  exercise  of  his 
office  or  employment  take  an  oath  or  affirmation,  well  and 
faithfully  to  execute  the  trust  committed  to  him. 

And  be  it  further  enacted  that  the  Secretary  for  the  depart- 
ment of  foreign  affairs,  to  be  appointed  in  consequence  of 
this  act  shall  forthwith  after  his  appointment  be  entitled  to 
have  the  Custody  and  charge  of  all  records,  books,  and  papers 
in  the  office  of  Secretary  for  the  department  of  foreign  affairs 
heretofore  established  by  the  United  States  in  Congress 
assembled. 

Passed  the  House  June  24,  1789. 

This  is  endorsed  "Copy  as  it  came  from  House."1 
In  the  Senate  the  bill  was  again  debated;  but  the 
sessions  were  held  behind  closed  doors,  and  there  is 
no  record  of  what  was  said.  It  was  passed  July  18, 
with  slight  amendment,  the  proviso  requiring  the 
President's  approval  of  the  Chief  Clerk  being  struck 
out,  and  the  phrase  "Congress  of  the  United  States" 
being  altered  to  "Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress 
assembled."2     On  the  20th  the  House  agreed  to  the 

i  U.  S.  Senate  MS.  archives. 
2  Ibid. 


CREATION  OF  DEPARTMENT  OF  STATE        67 

Senate  amendments,  without  debate,1  and  the  Presi- 
dent signed  the  bill  the  27th.    The  final  act  read : 

An   act   for   establishing   an   Executive   Department,    to   be 
denominated  the  Department  of  Foreign  Affairs. 

(Sect.  1.)  Be  it  enacted  by  the  senate  and  house  of 
representatives  of  the  United  States  of  America  in  congress 
assembled,  That  there  shall  be  an  executive  department,  to 
be  denominated  the  department  of  foreign  affairs,  and  that 
there  shall  be  a  principal  officer  therein,  to  be  called  the 
secretary  for  the  department  of  foreign  affairs,  who  shall 
perform  and  execute  such  duties  as  shall,  from  time  to  time, 
be  enjoined  on  or  intrusted  to  him  by  the  president  of  the 
United  States,  agreeable  to  the  constitution,  relative  to  corre- 
spondence, commissions,  or  instructions,  to  or  with  public 
ministers  or  consuls,  from  the  United  States,  or  to  negocia- 
tions  with  public  ministers  from  foreign  states  or  princes, 
or  to  memorials  or  other  applications  from  foreign  public 
ministers,  or  other  foreigners,  or  to  such  other  matters 
respecting  foreign  affairs  as  the  president  of  the  United 
States  shall  assign  to  the  said  department ;  And  furthermore, 
that  the  said  principal  officer  shall  conduct  the  business  of 
the  said  department  in  such  manner  as  the  president  of  the 
United  States  shall,  from  time  to  time,  order  or  instruct. 

(Sect.  2.)  And  be  it  further  enacted,  That  there  shall  be 
in  the  said  department  an  inferior  officer,  to  be  appointed 
by  the  said  principal  officer,  and  to  be  employed  therein  as 
he  shall  deem  proper,  and  to  be  called  the  chief  clerk  in  the 
department  of  foreign  affairs;  and  who,  whenever  the  said 
principal  officer  shall  be  removed  from  office  by  the 
president  of  the  United  States,  or  in  any  other  case  of 
vacancy,  shall,  during  such  vacancy,  have  the  charge  and 
custody  of  all  records,  books,  and  papers,  appertaining  to  the 
said  department. 

i  Annals  of  Cong.,  I,  659. 


68  THE  DEPARTMENT  OF  STATE 

(Sect.  3.)  And  be  it  further  enacted,  That  the  said  prin- 
cipal officer,  and  every  other  person  to  be  appointed  or 
employed,  in  the  said  department,  shall,  before  he  enters  on 
the  execution  of  his  office  or  employment,  take  an  oath  or 
affirmation,  well  and  faithfully  to  execute  the  trust  committed 
to  him. 

(Sect.  4.)  And  be  it  further  enacted,  That  the  secretary 
for  the  department  of  foreign  affairs,  to  be  appointed  in 
consequence  of  this  act,  shall,  forthwith  after  his  appoint- 
ment, be  entitled  to  have  the  custody  and  charge  of  all 
records,  books,  and  papers,  in  the  office  of  secretary  for  the 
department  of  foreign  affairs,  heretofore  established  by  the 
United  States  in  congress  assembled.1 

(Approved,  July  27,  1789.) 

On  July  23,  before  the  final  passage  of  this  act,  but 
after  it  had  passed  the  House,  Vining  elaborated 
his  plan  for  a  Home  Department  and  offered  the 
following : 

That  an  Executive  department  ought  to  be  established,  and 
to  be  denominated  the  Home  department ;  the  head  of  which 
to  be  called  the  Secretary  of  the  United  States  for  the  Home 
Department;  whose  duty  it  shall  be  to  correspond  with  the 
several  States,  and  to  see  to  the  execution  of  the  laws  of  the 
Union ;  to  keep  the  great  seal,  and  affix  the  same  to  all  public 
papers,  when  it  is  necessary;  to  keep  the  lesser  seal,  and  to 
affix  it  to  commissions,  &c. ;  to  make  out  commissions,  and 
enregister  the  same ;  to  keep  authentic  copies  of  all  public 
acts,  &c. ;  and  transmit  the  same  to  the  several  States ;  to 
procure  the  acts  of  the  several  States,  and  report  on  the 
same  when  contrary  to  the  laws  of  the  United  States;  to 
take  into  his  custody  the  archives  of  the  late  Congress;  to 
report  to  the  President  plans  for  the  protection  and  improve- 

i  Stats,  at  Large,  28. 


CREATION  OF  DEPARTMENT  OF  STATE        69 

merit  of  manufactures,  agriculture,  and  commerce;  to  obtain 
a  geographical  account  of  the  several  States,  their  rivers, 
towns,  roads,  &c. ;  to  report  what  post  roads  shall  be  estab- 
lished; to  receive  and  record  the  census;  to  receive  reports 
respecting  the  Western  territory;  to  receive  the  models  and 
specimens  presented  by  inventors  and  authors;  to  enter  all 
books  for  which  patents  are  granted ;  to  issue  patents,  &c. ; 
and,  in  general,  to  do  and  attend  to  all  such  matters  and 
things  as  he  may  be  directed  to  do  by  the  President.1 

His  proposition  met  with  little  favor.  Benson 
thought  "the  less  the  government  corresponded  with 
particular  States  the  better";  and  White  gave  it  as 
his  opinion  that  correspondence  with  states  was  the 
business  of  the  Chief  Executive,  and  it  belonged  to 
the  judiciary  to  see  that  the  laws  were  executed.  The 
great  seal  might  be  kept  by  the  Secretary  of  Foreign 
Affairs,  and  the  lesser  seal  also.2  Commissions  should 
be  made  out  by  the  Departments  under  which  the 
appointees  were  to  serve.  The  public  acts  could  be 
sent  to  the  executives  of  the  states  by  the  officers  of 
Congress.  Post  roads  properly  belonged  under  the 
supervision  of  the  Postmaster-General,  and  it  was 
hardly  necessary  to  establish  a  great  department  for 
the  purpose  of  receiving  the  models,  specimens,  and 
books  presented  by  inventors  and  authors. 

Benjamin  Huntington  of  Connecticut  thought  the 
Secretary  of  Foreign  Affairs  was  not  so  overcharged 
with  business  that  he  would  be  unable  to  attend  to 
most  of  the  duties  mentioned  by  Vining. 

To  this  Vining  said  that  the  duties  mentioned  in  his 

i  Annals  of  Cong.,  I,  666. 

2  There  was  no  lesser  seal  then,  nor  was  one  ever  authorized. 


70  THE  DEPARTMENT  OF  STATE 

resolutions  were  necessary,  but  that  they  were  foreign 
to  each  of  the  Departments  projected.  He  thought 
they  could  best  be  performed  by  a  confidential  officer 
under  the  President. 

Sedgwick  of  Massachusetts  replied  that  he  believed 
the  office  unnecessary,  and  that  if  the  motion  was 
negatived  he  would  bring  in  one  to  assign  the  principal 
part  of  the  duties  designed  for  the  Home  Department 
to  the  Secretary  of  Foreign  Affairs. 

Vining's  motion  having  been  defeated  by  a  large 
majority,  Sedgwick  moved  "that  a  committee  be 
appointed  to  bring  in  a  bill  supplementary  to  the  act 
establishing  the  Department  of  Foreign  Affairs, 
declaring  that  Department  to  be  hereafter  denomi- 
nated    ,   and   that   the   principal   officer   in   that 

Department  shall  have  the  custody  of  the  records  and 
seal  of  the  United  States,  and  that  such  bill  do  contain 
a  provision  for  the  fees  of  office  to  be  taken  for  copies 
of  records,  and  further  provision  for  the  due  publica- 
tion of  the  acts  of  Congress,  and  such  other  matters 
relating  to  the  premises,  as  the  committee  shall  deem 
necessary  to  be  reported  to  this  House." 

This  motion  was  also  defeated.  It  gave,  however, 
form  to  the  idea,  which  had  been  developed  in  debate, 
that  the  Department  of  Foreign  Affairs  would  be  the 
most  convenient  place  for  performing  those  functions 
which  did  not  naturally  fall  to  the  Departments  of 
Finance  and  War. 

On  July  27  the  House,  in  Committee  of  the  Whole, 
took  into  consideration  the  report  on  the  joint  rules 
to  be  established  with  the  Senate  ' '  for  the  enrollment, 


CREATION  OF  DEPARTMENT  OF  STATE        71 

attestation,  publication,  and  preservation  of  the  acts 
of  Congress,  and  to  regulate  the  mode  of  presenting 
addresses  and  other  acts  to  the  President  of  the 
United  States,"  and  agreed  upon  rules  which  pre- 
scribed how  bills  should  be  enrolled,  compared,  and 
presented  to  the  President.  This  left  the  final 
disposition  and  promulgation  of  laws  unprovided  for, 
and  the  following  was  adopted: 

Resolved,  That  it  is  the  opinion  of  this  committee,  that  a 
committee  ought  to  be  appointed  to  prepare  and  bring  in  a 
bill  or  bills,  to  provide,  without  the  establishment  of  a  new 
department,  for  the  safe  keeping  of  the  accounts,  records, 
and  seal  of  the  United  States;  for  the  authentication  of 
records  and  papers;  for  establishing  the  fees  of  office  to  be 
taken  for  commissions,  and  for  copies  of  records  and  papers; 
for  making  out  and  recording  commissions,  and  prescribing 
their  form;  and  to  provide  for  the  due  publication  of  the 
acts  of  Congress. 

To  carry  out  the  resolution,  Theodore  Sedgwick, 
George  Matthews  of  Georgia,  and  Henry  Wyncoop  of 
Pennsylvania  were  appointed  a  committee. 

Like  Baldwin,  who  presented  the  bill  to  establish 
the  Department  of  Foreign  Affairs,  Theodore  Sedg- 
wick was  born  in  Connecticut  and  educated  at  Yale. 
He  went  to  Massachusetts  at  an  early  age,  served 
through  the  Revolution,  was  a  member  of  the  Massa- 
chusetts legislature  on  several  occasions,  and  was  an 
active  member  of  the  Massachusetts  convention  which 
ratified  the  Constitution  of  the  United  States.  Unlike 
Baldwin,  he  was  a  strong  Federalist,  but  no  party 
lines  were  applied  in  considering  the  creation  of  the 
Departments.     Sedgwick  served  in  the  House  until 


72  TEE  DEPARTMENT  OF  STATE 

1796,  when  he  was  elected  a  Senator.  He  was  again 
in  the  House  in  1799,  when  he  was  chosen  Speaker. 
In  1802  he  went  on  the  Supreme  Bench  of  Massa- 
chusetts, where  he  remained  until  his  death  in  1813. 

Four  days  after  his  committee  was  appointed  (on 
July  31)  he  offered  the  House  "a  bill  to  provide  for 
the  safe  keeping  of  the  acts,  records,  and  great  seal  of 
the  United  States,  for  the  publication,  preservation, 
and  authentication  of  the  acts  of  Congress,  &c, "  which 
was  read  and  laid  upon  the  table.  On  Monday,  August 
3,  it  was  taken  up  and  made  a  special  order  for  Friday 
the  7th,  but  was  not  considered  till  August  27,  when 
it  was  passed  without  recorded  debate  and  sent  to  the 
Senate,  being  received  by  that  body  August  28  and 
committed  on  September  2  to  a  committee  composed 
of  Rufus  King  of  New  York,  William  Paterson  of 
New  Jersey,  and  George  Read  of  Delaware.  On 
September  7  it  was  agreed  to  with  unimportant 
amendments  and  received  back  by  the  House.  The 
next  day  the  amendments  were  agreed  to  and  it  was 
approved  by  the  President  September  15. 

It  read  as  follows : 

An  act  to  provide  for  the  safe  keeping  of  the  Acts,  Records 
and  Seal,  of  the  United  States,  and  for  other  purposes. 

(Sect.  1.)  Be  it  enacted  by  the  Senate  and  Eouse  of 
Representatives  of  the  United  States  of  America  in  Congress 
assembled,  That  the  Executive  department,  denominated  the 
Department  of  Foreign  affairs,  shall  hereafter  be  denominated 
the  Department  of  State,  and  the  principal  officer  shall 
hereafter  be  called  the  Secretary  of  State. 

(Sect.  2.)     And  be  it  further  enacted,  That  whenever  a 


CREATION  OF  DEPARTMENT  OF  STATE        73 

bill,  order,  resolution,  or  vote  of  the  Senate  and  House  of 
Representatives,  having  been  approved  and  signed  by  the 
President  of  the  United  States,  or  not  having  been  returned 
by  him  with  his  objections,  shall  become  a  law,  or  take  effect, 
it  shall  forthwith  thereafter  be  received  by  the  said  Secretary 
from  the  President:  and  whenever  a  bill,  order,  resolution, 
or  vote,  shall  be  returned  by  the  President  with  his  objections, 
and  shall,  on  being  reconsidered,  be  agreed  to  be  passed,  and 
be  approved  by  two  thirds  of  both  Houses  of  Congress,  and 
thereby  become  a  law  or  take  effect,  it  shall,  in  such  case, 
be  received  by  the  said  Secretary  from  the  President  of  the 
Senate,  or  the  Speaker  of  the  House  of  Representatives,  in 
whichsoever  House  it  shall  last  have  been  so  approved;  and 
the  said  Secretary  shall,  as  soon  as  conveniently  may  be,  after 
he  shall  receive  the  same,  cause  every  such  law,  order,  reso- 
lution, and  vote,  to  be  published  in  at  least  three  of  the  public 
newspapers  printed  within  the  United  States,  and  shall  also 
cause  one  printed  copy  to  be  delivered  to  each  Senator  and 
Representative  of  the  United  States,  and  two  printed  copies 
duly  authenticated,  to  be  sent  to  the  Executive  authority  of 
each  State ;  and  he  shall  carefully  preserve  the  originals, 
and  shall  cause  the  same  to  be  recorded  in  books  to  be 
provided  for  the  purpose. 

(Sect.  3.)  And  be  it  further  enacted,  That  the  seal  here- 
tofore used  by  the  United  States  in  Congress  assembled,  shall 
be,  and  hereby  is  declared  to  be,  the  seal  of  the  United  States. 

(Sect.  4.)  And  be  it  further  enacted,  That  the  said  Secre- 
tary shall  keep  the  said  seal,  and  shall  make  out  and  record, 
and  shall  affix  the  said  seal  to  all  civil  commissions  to  officers 
of  the  United  States  to  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  or  by  the 
President  alone.  Provided,  That  the  said  seal  shall  not  be 
affixed  to  any  commission,  before  the  same  shall  have  been 
signed  by  the  President  of  the  United  States,  nor  to  any 
other  instrument  or  act,  without  the  special  warrant  of  the 
President  therefor. 


74  TEE  DEPARTMENT  OF  STATE 

(Sect.  5.)  And  he  it  further  enacted,  That,  the  said  Secre- 
tary shall  cause  a  seal  of  office  to  be  made  for  the  said  depart- 
ment, of  such  device  as  the  President  of  the  United  States 
shall  approve,  and  all  copies  of  records,  and  papers,  in  the 
said  office,  authenticated  under  the  said  seal,  shall  be  evidence 
equally  as  the  original  record,  or  paper. 

(Sect.  6.)  And  he  it  further  enacted,  That  there  shall  be 
paid  to  the  Secretary,  for  the  use  of  the  United  States,  the 
following  fees  of  office,  by  the  persons  requiring  the  services 
to  be  performed,  except  when  they  are  performed  for  any 
officer  of  the  United  States,  in  a  matter  relating  to  the  duties 
of  his  office,  to  wit;  For  making  out  and  authenticating 
copies  of  records,  ten  cents  for  each  sheet  containing  one 
hundred  words;  for  authenticating  a  copy  of  a  record,  or 
paper,  under  seal  of  office,  twenty  five  cents. 

(Sect.  7.)  And  he  it  further  enacted,  That  the  said  Secre- 
tary shall,  forthwith  after  his  appointment,  be  entitled  to 
have  the  custody  and  charge  of  the  said  seal  of  the  United 
States,  and  also  of  all  books,  records,  and  papers,  remaining 
in  the  office  of  the  late  Secretary  of  the  United  States  in 
Congress  assembled ;  and  such  of  the  said  books,  records,  and 
papers,  as  may  appertain  to  the  Treasury  department,  or 
"War  department,  shall  be  delivered  over  to  the  principal 
officers  in  the  said  departments,  respectively,  as  the  President 
of  the  United  States  shall  direct. 

(Approved  September  15,  1789. )x 

This  act  was  supplemented  by  the  following,  which 
was  presented  in  the  House  September  18  and  con- 
curred in  by  the  Senate  on  the  same  day : 

Resolved,  That  it  shall  be  the  duty  of  the  Secretary  of  State 
to  procure,  from  time  to  time,  such  of  the  statutes  of  the 
several  states  as  may  not  be  in  his  office. 

(Approved,  September  23,  1789. )2 

i  1  Stats,  at  Large,  68. 
2  Ibid.,  97. 


CREATION  OF  DEPARTMENT  OF  STATE        75 

In  the  mean  time,  the  question  of  the  compensation 
of  the  heads  of  Departments  had  been  fixed  by  the 
act  approved  September  11,  1789,  at  $3,500  per  annum 
for  the  Secretary  and  $800  for  the  Chief  Clerk,  and 
such  clerks  as  might  be  necessary  at  not  more  than 
$500  each.1 

Early  in  June,  1789,  while  the  old  Department  of 
Foreign  Affairs  still  existed,  Washington  wrote  to 
John  Jay,  asking  for  "some  informal  communication 
from  the  office  of  Secretary  for  Foreign  Affairs"; 
and  during  the  fifty  days  of  existence  of  the  new 
Department  of  Foreign  Affairs  he  continued  to  act  as 
Secretary.  He  acted  as  Secretary  of  State,  also,  until 
Thomas  Jefferson  took  control  in  February  of  the 
ensuing  year. 

The  records  intended  for  the  Department,  Charles 
Thomson  had  in  his  keeping.  He  wrote  to  the 
President : 

To  the  President  of  the  United  States  of  America 
Sir, 

Having  had  the  honor  of  serving  in  quality  of  Secretary 
of  Congress  from  the  first  meeting  of  Congress  in  1774  to  the 
present  time,  a  period  of  almost  fifteen  years,  and  having 
seen  in  that  eventful  period,  by  the  interposition  of  divine 
Providence  the  rights  of  our  country  asserted  and  vindicated, 
its  independence  declared  acknowledged  and  fixed,  peace  and 
tranquillity  restored  and  in  consequence  thereof  a  rapid 
advance  in  arts,  manufactures  and  population,  and  lastly 
a  government  established  which  gives  well  grounded  hopes 
of  promoting  its  lasting  welfare  and  securing  its  freedom  and 
happiness,  I  now  wish  to  return  to  private  life. 

1  1  Stats,  at  Large,  67. 


76  THE  DEPARTMENT  OF  STATE 

AVitli  this  intent  I  present  myself  before  you  to  surrender 
up  the  charge  of  the  books,  records  and  papers  of  the  late 
Congress  which  are  in  my  custody  and  deposited  in  rooms 
of  the  house  where  the  legislature  assemble,  and  to  deliver 
into  your  hands  the  Great  Seal  of  the  federal  union,  the 
keeping  of  which  was  one  of  the  duties  of  my  office,  and  the 
seal  of  the  admiralty  which  was  committed  to  my  care  when 
that  board  was  dissolved. 

Before  I  retire  I  beg  leave  to  recommend  to  your  favour 
Mr.  Roger  Alden  who  was  appointed  by  the  late  Congress, 
deputy  secretary  and  whom  I  have  found  an  able  and  faithful 
assistant,  and  Mr.  John  Fisher  who  has  served  as  a  clerk  in 
the  office  for  several  years  with  diligence  and  fidelity  and 
who  alone  remains  unemployed. 

And  with  most  sincere  and  ardent  wishes  for  the  prosperity 
of  our  country  and  a  fervent  prayer  for  your  health  and 
happiness  I  bid  you  an  affectionate  Farewell 

Chas.  Thomson1 
July  23,  1789. 

To  this  the  President  replied  July  24: 

You  will  be  pleased,  Sir,  to  deliver  the  Books,  Records  and 
Papers  of  the  late  Congress — the  Great  Seal  of  the  federal 
Union — and  the  Seal  of  the  Admirality,  to  Mr.  Roger  Alden, 
the  late  Deputy  Secretary  of  Congress,  who  is  requested  to 
take  charge  of  them  until  further  directions  shall  be  given.2 

Information  of  the  law  authorizing  the  new  Execu- 
tive Department  of  Foreign  Affairs  was  conveyed  by 
the  President  to  the  Governors  of  the  several  states 
July  5,  and  September  21  they  were  informed  of  the 
passage  of  the  act  making  it  the  Department  of  State. 

iCont.  Cong.  MSS.,  Lib.  Cong.,  49,  folio  215.  The  record  shows 
that  Fisher  was  soon  afterwards  dismissed  for  misconduct  and  Thomson 
wrote  withdrawing  his  commendation. 

2  Dept.  of  State  MSS.,  Miscl.  Letters. 


CREATION  OF  DEPARTMENT  OF  STATE        77 

A  few  days  later  Jay  was  nominated  to  be  Chief 
Justice  and  Thomas  Jefferson  to  be  Secretary  of  State, 
and  both  were  commissioned  September  26. 

Jay  accepted  at  once,  but  continued  to  discharge 
the  duties  of  Secretary  of  State  for  some  months. 
Under  date  of  October  13,  Washington  informed 
Jefferson  of  his  appointment,  and  added  that  "Mr. 
Jay  had  been  so  obliging  as  to  continue  his  good 
offices. ' '  Mr.  Alden,  he  said,  had  the  state  papers  and 
Mr.  Remsen  those  relating  immediately  to  foreign 
affairs.1 

When  this  letter  was  written,  Jefferson  had  not  yet 
returned  to  America  from  his  mission  to  France. 
Upon  his  arrival  Jay  wrote  to  him,  December  12,  con- 
gratulating him  upon  his  appointment  and  recom- 
mending to  him  favorably  "the  Young  gentlemen 
in  the  office."2  Jefferson  accepted  the  office  in  the 
following  letter  to  the  President : 

Monticello  Feb.  14,  1790 
Sir 

1  have  duly  received  the  letter  of  the  21st  of  January  with 
which  you  have  honored  me,  and  no  longer  hesitate  to  under- 
take the  office  to  which  you  are  pleased  to  call  me.  Your 
desire  that  I  should  come  on  as  quickly  as  possible  is  a  suffi- 
cient reason  for  me  to  postpone  every  matter  of  business, 
however  pressing,  which  admits  postponement.  Still  it  will 
be  the  close  of  the  ensuing  week  before  I  can  get  away,  & 
then  I  shall  have  to  go  by  the  way  of  Richmond,  which  will 
lengthen  my  road.  I  shall  not  fail  however  to  go  on  with 
all  the  dispatch  possible  nor  to  satisfy  you,  I  hope,  when  I 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 

2  Correspondence  and  Public  Papers  of  John  Jay,  III,  381. 


78  TEE  DEPARTMENT  OF  STATE 

shall  have  the  honor  of  seeing  you  at  New  York,  that  the 
circumstances  which  prevent  my  immediate  departure,  are 
not  under  my  controul.     I   have  now  that  of  being  with 
sentiments  of  the  most  perfect  respect  &  attachment,  Sir 
Your  most  obedient  &  most  humble  servant 

Tn.  Jefferson. 
The  President  of  the  U.  S.1 

Shortly  afterwards  he  assumed  office,  the  records 
were  turned  over  to  him,  and  the  Department  of  State 
was  fairly  started  in  its  career. 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 


CHAPTER  V 


THE  NEW  DEPAKTMENT 


DURING  the  interval  between  the  inauguration 
of  the  President  and  the  formation  of  the 
executive  departments,  the  old  departments  performed 
such  executive  duties  as  were  indispensable.  On  July 
11,  1789,  for  example,  "by  the  hands  of  Mr.  Jay," 
Washington  sent  to  the  Senate  for  ratification  a 
consular  convention  with  France.  On  July  22,  the 
Senate 

Resolved,  that  the  Secretary  of  Foreign  Affairs  under  the 
former  Congress  be  requested  to  peruse  the  said  convention 
and  to  give  his  opinion  how  far  he  conceives  the  faith  of  the 
United  States  to  be  engaged,  either  by  former  agreed  stipu- 
lations or  negotiations  entered  into  by  our  minister  at  the 
court  of  Versailles,  to  ratify  in  its  present  sense  or  form  the 
convention  now  referred  to  the  Senate. 

Jay  reported  July  25,  as  "The  Secretary  of  the 
United  States  for  the  Department  of  Foreign  Affairs, 
under  the  former  Congress."1 

Even  as  late  as  October  3,  1789,  Diego  de  Gardoqui, 
charged  with  negotiations  for  Spain,  wrote  to  Jay: 
"Observing  that  you  continue  to  exercise  occasionally 
the  office  of  Secretary  of  State,"  he  announced  that 

i  American  State  Papers,  Foreign  Affairs,  I,  89. 


80  THE  DEPARTMENT  OF  STATE 

he  would  leave  Don  Joseph  de  Viar  in   charge   of 
negotiations  while  he  should  be  absent. 

Jay  replied  October  7,  1789,  that  he  would  receive 
Mr.  de  Viar — 

Circumstances  having  rendered  it  necessary  that  I  should 
continue,  though  not  officially,  to  superintend  the  Department 
of  Foreign  Affairs  until  relieved  by  a  successor.1 

On  May  7,  1789,  Jay  submitted  the  estimates  for  the 
"Office  of  Foreign  Affairs"  to  the  "Commissioners 
of  the  Treasury."  The  "establishment  of  the  office" 
was  as  follows: 

John   Jay,    Secretary   of   the   United   States   for   the 

Department  of  foreign  Affairs  ....     3500 

Henry  Remsen  Junr  Under  Secretary  in  the  office  for 

foreign  affairs  ......       800 

George  Taylor  Junr     ]   _.,    ,  ,^n  ,  ,  ,  nnn 

T       ®  ^     ,      ,,  I  Clerks  at  450  dol™  each  .       900 

Jacob  Blackwell 

John  Pintard,  Interpreter  of  the  french  language       .       250 

Abraham  Okie,  Doorkeeper  and  Messenger         .  .       150 

Contingent  Expences  of  the  Office. 

These  expences  are  somewhat  uncertain.  The  amount 
of  them  from  24th  May  1788  to  7th  May  1789, 
including  the  allowance  to  the  Interpreters  of  the 
Spanish,  German  and  Dutch  languages  who  receive 
at  the  rate  of  2s  per  hundred  words  for  trans- 
lating is  about  .  .  .  .  .  .150 

Office  rent 200 


Dollars     5950 
i  Dept.  of  State  MSS.,  American  Letters,  IV. 


THE  NEW  DEPARTMENT  81 

Foreign  Ministers,  &c,  &c. 

The  Honbl  Thomas  Jefferson,  Esq1-  Minister  Plenipo- 
tentiary at  the  Court  of  France  ....     9000 

William  Short  Esqr  private  Secretary  to  Mr.  Jefferson 
300  Louis  d'ors  a  year 

The  Honble  William  Carmichael  Esqr  Charge  des 
Affaires  at  the  Court  of  Madrid 

Qu.  is  Mr  Carmichael's  salary  to  be  regulated  by  the 
Act  of  Congress  of  4th  October  1779,  or  by  that  of 
11th  May  1784? 

Thomas  Barclay  Esqr  Consul  General  for  France  now 

in  America        .......     1000 

Charles  W.  F.  Dumas  at  the  Hague  ....     1300 

Contingent  Expences. 

Postage  and  Couriers  have  been  uniformly  charged  and 
some  other  articles,  and  in  a  certain  instance  House  Rent  has 
also  been  charged,  but  not  yet  decided  upon.  The  accounts 
are  at  the  Treasury,  and  their  amount  in  ordinary  will 
furnish  a  Rule  for  estimating  these  contingent  expences.1 

Until  there  was  a  Secretary  of  State,  letters  to  the 
President  on  such  subjects  as  belonged  to  the  State 
Department  were  sent  by  the  President's  secretary  to 
Roger  Alden : 

United  States  January  12,  1790. 
Sir, 

I  am  directed  by  the  President  of  the  United  States  to 
transmit  herewith  to  you,  to  be  lodged  in  the  office  of  State 
with  other  public  papers  under  your  care,  and  to  be  delivered 
to  the  Secretary  of  State  whenever  he  may  enter  upon  the 
duties  of  his  office,  the  Form  of  the  adoption  and  ratification 
of  the  constitution  of  the  United  States  by  the  State  of  North 

i  Dept.  of  State  MSS.,  American  Letters,  IV. 


82  THE  DEPARTMENT  OF  STATE 

Carolina,  which  has  been  officially  communicated  to  him  by 
the  President  of  the  Convention  of  said  State ;  and  likewise 
a  letter  which  accompanied  the  above  form  of  Ratification 
from  Samuel  Johnston  President  of  the  Convention  of  the 
State  of  North  Carolina  to  the  President  of  the  United  States. 

Tobias  Lear, 
Roger  Alden,  Esquire.1  S.  P.  U.  S. 

When  the  Senate  called  on  Jay  for  an  opinion  with 
reference  to  the  consular  conventions  with  France,  it 
was  merely  following  the  habit  of  the  old  Congress, 
which,  on  such  an  occasion,  would  have  called  upon 
the  Secretary  of  Foreign  Affairs.  It  should,  properly, 
have  addressed  the  President,  who,  in  accordance  with 
the  new  order  of  things,  was  completely  responsible 
for  the  conduct  of  the  foreign  relations  of  the  United 
States.  The  Senate  itself  recognized  early  that 
it  had  no  direct  participation  in  these  affairs,  as  the 
following  letters  show : 

United  States  December  8,  1790. 
The  Secretary  of  State. 

Sir, 

In  obedience  to  the  command  of  the  President  of  the  United 
States,  I  have  the  honor  to  transmit  herewith  sundry  commu- 
nications of  the  proceedings  of  Government  in  the  Western 
Territory  from  January  to  July  1790,  made  by  the  Secretary 
of  the  said  territory  to  the  President  of  the  United  States, 
upon  which  the  President  requests  your  opinion  as  to  what 
should  be  done  respecting  them. 

I  have  likewise  the  honor  to  transmit,  by  the  President's 
order,  a  letter  and  packet  from  the  President  of  the  national 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Eecord  Book,  Vol.  20. 


TEE  NEW  DEPARTMENT  83 

Assembly  of  France  directed  to  the  President  and  members 
of  the  American  Congress;  this  direction  prevented  the 
President  from  opening  them  when  they  came  to  his  hands — 
and  he  yesterday  caused  them  to  be  delivered  to  the  Vice- 
President  that  they  might  be  opened  by  the  Senate — The 
Vice-President  returned  them  unopened  with  an  opinion  of 
the  Senate  that  they  might  be  opened  with  more  propriety 
by  the  President  of  the  United  States,  and  a  request  that  he 
would  do  it,  and  communicate  to  Congress  such  parts  of 
them  as  in  his  opinion  might  be  proper  to  be  laid  before  the 
Legislature. 

The  President  therefore  requests  that  you  would  become 
acquainted  with  their  contents  and  inform  what  (if  any) 
should  be  laid  before  Congress.  Another  letter  from  the 
National  Assembly  addressed  particularly  to  the  President 
is  inclosed  herewith  for  your  perusal.  The  President  has  the 
translation  of  this  letter. 

Tobias  Lear, 

S.  P.  u.  s. 

Jefferson  replied: 

Department  op  State, 
December  9,  1790. 
The  President  of  the  United  States, 

Sir, 

I  have  now  the  honor  to  return  you  the  letter  from  the 
President  of  the  Assembly  of  Representatives  of  the  Commu- 
nity of  Paris  to  the  President  and  Members  of  Congress, 
which  you  had  received  from  the  President  of  the  Senate 
with  the  opinion  of  that  house,  that  it  should  be  opened  by 
you,  and  their  request  that  you  would  communicate  to  Con- 
gress such  parts  of  it  as  in  your  opinion  might  be  proper  to 
be  laid  before  the  legislature. 

The  subject  of  it  is  the  death  of  the  late  Dr.  Franklin — it 
conveys  expressions  from  that  respectable  city  to  the  Legis- 


84  THE  DEPARTMENT  OF  STATE 

lature  of  the  United  States  of  the  part  they  take  in  that  loss, 
and  information  that  they  had  ordered  a  solemn  and  public 
oration  for  the  transmission  of  his  virtues  and  talents  to 
posterity,  copies  of  which,  for  the  members  of  Congress, 
accompany  this  letter :  and  it  is  on  the  whole  an  evidence 
of  their  marked  respect  and  friendship  towards  these  United 
States. 

I  am  of  opinion  their  letter  should  be  communicated  to 
Congress,  who  will  take  such  notice  of  this  friendly  advance, 
as  their  wisdom  shall  conceive  to  be  proper. 

Th.  Jefferson.1 

Under  the  new  government  the  Secretary  of  the 
Treasury  was  made  directly  accountable  to  Congress 
in  certain  financial  matters;  beyond  this  the  heads  of 
Departments  were  wholly  subordinate  to  the  Presi- 
dent, and  had  no  powers  independent  of  him.  The 
act  creating  the  Department  of  Foreign  Affairs  said 
the  Secretary  must  perform  "such  duties  as  shall, 
from  time  to  time,  be  enjoined  or  intrusted  to  him  by 
the  President  of  the  United  States,  agreeable  to  the 
Constitution."  The  act  creating  the  Department  of 
State  said  he  was  to  receive  from  the  President  bills, 
orders,  and  resolutions  of  Congress;  must  keep  the 
seal  of  the  United  States  and  affix  it  to  the  commissions 
of  civil  officers  appointed  by  the  President,  but  must 
not  affix  it  to  any  commission  until  it  had  been  signed 
by  the  President,  "nor  to  any  other  instrument  without 
the  special  warrant  of  the  President  therefor."    The 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Kecord  Book,  Vol.  20.    See  also 

Writings  of  Jefferson   (Ford),  V,  258. 


THE  NEW  DEPARTMENT  85 

President  must  even  approve  the  device  of  the  seal 
to  be  made  for  the  Department. 

As  the  bill  providing  for  the  Department  of  Foreign 
Affairs  passed  the  House,  the  Secretary  could  not  even 
appoint  his  Chief  Clerk,  except  with  the  approval  of 
the  President;  but  the  Senate  modified  this  provision 
and  left  this  appointment  wholly  with  the  Secretary. 
The  Chief  Clerk  was  to  have  temporary  charge  of  the 
Department,  if  a  vacancy  occurred  in  the  Secretary- 
ship; but  this  provision  was  improved  in  1792  by 
authorizing  the  President  to  name  the  temporary  head 
of  the  Department. 

That  in  case  of  the  death,  absence  from  the  seat  of  govern- 
ment, or  sickness,  of  the  Secretary  of  State,  Secretary  of  the 
treasury,  or  of  the  secretary  of  the  war  department,  or  of 
any  officer  of  either  of  said  departments,  whose  appointment 
is  not  in  the  head  thereof,  whereby  they  cannot  perform  the 
duties  of  their  said  respective  offices,  it  shall  be  lawful  for  the 
President  of  the  United  States,  in  case  he  shall  think  it  neces- 
sary, to  authorize  any  person  or  persons,  at  his  discretion,  to 
perform  the  duties  of  the  said  respective  offices  until  a  suc- 
cessor be  appointed,  or  until  such  absence,  or  inability  by 
sickness  shall  cease.     (Approved  May  8,  1792.) 

This  was,  in  its  turn,  modified  in  1795. 

That  in  case  of  vacancy  in  the  office  of  Secretary  of  State, 
Secretary  of  the  Treasury,  or  of  the  Secretary  of  the  depart- 
ment of  War,  or  of  any  officer  of  either  of  the  said  depart- 
ments, whose  appointment  is  not  in  the  head  thereof,  whereby 
they  cannot  perform  the  duties  of  their  said  respective  offices, 
it  shall  be  lawful  for  the  President  of  the  United  States,  in 
case  he  shall  think  it  necessary,  to  authorize  any  person  or 
persons,  at  his  discretion,  to  perform  the  duties  of  the  said 


86  THE  DEPARTMENT  OF  STATE 

respective  offices,  until  a  successor  be  appointed  or  such 
vacancy  be  filled:  Provided,  That  no  one  vacancy  shall  be 
supplied,  in  manner  aforesaid,  for  a  longer  term  than  six 
months.     (Approved,  February  13,  1795.) 

The  President  deposited  in  the  several  Departments 
all  official  letters  which  came  to  him.  Jefferson,  after 
he  became  President,  described  the  system  in  a  letter 
to  the  Secretary  of  State : 

Washington  Dec.  29,  1801. 
Sir 

Having  no  confidence  that  the  office  of  the  private  secretary 
of  the  President  of  the  US.  will  ever  be  a  regular  &  safe 
deposit  for  public  papers  or  that  due  attention  will  ever  be 
paid  on  their  transmission  from  one  Secretary  or  President 
to  another,  I  have,  since  I  have  been  in  office,  sent  every  paper, 
which  I  deem  merely  public,  &  coming  to  my  hands,  to  be 
deposited  in  one  of  the  offices  of  the  heads  of  departments; 
so  that  I  shall  never  add  a  single  paper  to  those  now  consti- 
tuting the  records  of  the  President's  office;  nor,  should  any 
accident  happen  to  me,  will  there  be  any  papers  in  my  pos- 
session which  ought  to  go  into  any  public  office.  I  make  the 
selection  regularly  as  I  go  along,  retaining  in  my  own 
possession  only  my  private  papers,  or  such  as,  relating  to 
public  subjects,  were  meant  still  to  be  personally  confidential 
for  myself.  Mr.  Meredith  the  late  treasurer,  in  obedience 
to  the  law  which  directs  the  Treasurer's  accounts  to  be  trans- 
mitted to  &  remain  with  the  President,  having  transmitted 
his  accounts,  I  send  them  to  you  to  be  deposited  for  safe 
keeping  in  the  Domestic  branch  of  the  office  of  the  Secretary 
of  State,  which  I  suppose  to  be  the  proper  one.  Accept 
assurances  of  my  affectionate  esteem  &  high  respect. 

Th:  Jefferson 
The  Secretary  of  State.1 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 


THE  NEW  DEPARTMENT  87 

Washington  made  the  Department  of  State  the 
repository  of  letters  to  him  which  often  related  to 
business  under  other  Departments,  and  referred  to 
it  all  the  applications  for  office  he  received.1  The 
following  is  an  example  of  the  communications  sent 
from  the  President's  office: 

The  Secretary  of  State. 

United  States  20  Jan:  1792 
By  the  President's  command  Tobs  Lear  has  the  honor  to 
transmit  to  the  Secretary  of  State  the  enclosed  Letter  from 
Governor  Lee,  with  a  Report  of  a  Committee  of  the  General 
Assembly  of  Virginia,  and  a  Resolution  of  that  Body  respect- 
ing certain  bounty  Lands  granted  by  that  State  to  the  Officers 
&  Soldiers  of  the  Virginia  Line. 

The  President  requests  the  Secretary  of  State  to  take  this 
matter  into  consideration  and  report  to  him  thereon. 

Tobias  Lear, 

8.  P.  U.  S.2 

Soon  after  he  had  organized  his  administration, 
Washington  made  an  executive  council  from  the  heads 
of  the  three  Departments  and  the  Attorney-General, 
who  had  no  Department;  and  when  he  desired  a 
question  submitted  to  them  and  could  not  himself  be 
present  at  their  meeting,  he  directed  that  they  meet 
at  the  office  of  the  Secretary  of  State.  Lear  wrote 
to  Jefferson  in  1793 : 

By  the  President's  command  T.   Lear  has  the  honor  to 

i  See  the  Department's  publication  (1901),  Calendar  of  Applications 
and  Recommendations  for  Office  during  the  Presidency  of  George 
Washington. 

2  Dept.  of  State  MSS.,  Wash.  Papers,  Record  Book,  Vol.  21. 


88  THE  DEPARTMENT  OF  STATE 

return  to  the  Secretary  of  State  the  draught  &  copies  of 
letters  which  he  sent  to  the  President  this  day, — and  to  inform 
the  Secretary,  that  the  President  is  so  much  indisposed  that 
he  does  not  believe  he  shall  be  able  to  meet  the  Gentlemen 
at  his  House  tomorrow  (the  President  having  had  a  high 
fever  upon  him  for  2  or  3  days  past,  &  it  still  continuing 
unabated).  He  therefore  requests  the  attendance  of  the  Heads 
of  the  other  Departments  &  the  Attorney  General  at  his 
office  tomorrow — and  lay  before  them  for  their  consideration 
&  opinion  such  matters  as  he  would  have  wished  to  have 
brought  to  their  view  if  they  had  met  at  the  President's — & 
let  the  President  know  the  result  of  their  deliberations. 

The  President  likewise  directs  T.  Lear  to  send  to  the 
Secretary  of  State  the  opinions  of  the  Gentlemen,  expressed 
at  their  last  meeting  on  the  subject  of  Indian  affairs  in 
Georgia,  for  their  signature  to-morrow;  &  to  have  the  blank 
which  is  left  therein  to  limit  the  time  of  the  service  of  the 
troops  filled  up. — 

Also  a  note  from  the  Attorney  General  relative  to  certain 
communications  from  Baltimore — which  the  President  thinks 
would  be  best  to  lay  before  the  Gentlemen. 

Tobias  Lear 

8.  P.  U.  S. 
31st  May,  17931 

When  Washington  left  for  his  Southern  tour  in 
1791,  he  notified  the  members  of  his  Cabinet  of  his 
itinerary,  in  order  that  they  might  be  able  to  reach 
him  with  official  communications.  They  met  during 
his  absence  and  considered  public  business.  The  Vice- 
President  presided  and  the  Secretary  of  State  sent 
reports  of  the  meetings  and  of  such  conclusions  as  had 
been  reached. 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Eecord  Book,  Vol.  21. 


THE  NEW  DEPARTMENT  89 

Under  date  of  April  17,  1791,  Jefferson  wrote  to  the 
President : 

I  had  the  honor  of  addressing  you  on  the  2n(i  which  I  sup- 
posed would  fiud  you  at  Richmond,  and  again  on  the  10th 
which  I  thought  would  overtake  you  at  Wilmington,  the 
present  will  probably  find  you  at  Charleston. 

According  to  what  I  mentioned  in  my  letter  of  the  10th 
the  Vice  President,  Secretaries  of  the  Treasury  and  War  and 
myself  met  on  the  11th.  Colonel  Hamilton  presented  a  letter 
from  Mr.  Short  in  which  he  mentioned  that  the  month  of 
Feby  being  one  of  the  periodical  months  in  Amsterdam 
when  from  the  receipt  of  interest  and  refunding  of  capitals 
there  is  much  money  coming  in  there,  and  free  to  be  dis- 
posed of,  he  had  put  off  the  opening  of  his  loan  till  then, 
that  it  might  fill  the  more  rapidly,  a  circumstance  which 
would  excite  the  presumption  of  our  credit — that  he  had 
every  reason  to  hope  it  would  be  filled  before  it  would  be 
possible  for  him,  after  his  then  communication  of  the  condi- 
tions, to  receive  your  approbation  of  them  and  orders  to  open 
a  second ;  which  however  he  awaited,  according  to  his  instruc- 
tions, but  he  pressed  the  expediting  the  order,  that  the 
stoppage  of  the  current  in  our  favor  might  be  as  short  as 
possible.  We  saw  that  if  under  present  circumstances,  your 
orders  should  be  awaited,  it  would  add  a  month  to  the  delay, 
and  we  were  satisfied,  were  you  present,  you  would  approve 
the  conditions  and  order  a  second  loan  to  be  opened — we 
unanimously  therefore  advised  an  immediate  order  on  the 
condition  the  terms  of  the  second  loan  should  not  be  worse 
than  those  of  the  first. — General  Knox  expressed  an  appre- 
hension that  the  6  nations  might  be  induced  to  join  our 
enemies  .  .  .  .a 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Record  Book,  Vol.  20.  The  full 
letter  may  be  seen  in  The  Writings  of  Jefferson  (Ford),  V,  320. 


90  THE  DEPARTMENT  OF  STATE 

He  wrote  on  May  1,  1791 : 

....  I  write  to  day  indeed  merely  as  the  Watchman  cries, 
to  prove  himself  awake,  and  that  all  is  well,  for  the  last  week 
has  scarcely  furnished  anything  foreign  or  domestic  worthy 
of  your  notice  .  .  .  -1 

The  Secretary  of  State  was  the  agency  for  trans- 
mitting all  commissions  to  officers  appointed  by  the 
President  other  than  military  officers,  who  were  under 
the  jurisdiction  of  the  War  Department,  the  form 
being  as  follows : 

To  Rufus  Putnam,  Esquire. 

New  York  April  7th  1790. 
Sir 

The  President  of  the  United  States  desiring  to  avail  the 
public  of  your  services  as  one  of  the  Judges  in  and  over  the 
Territory  of  the  United  States  North  West  of  the  Ohio,  I  now 
have  the  honor  of  enclosing  you  the  commission,  and  of 
expressing  to  you  the  sentiments  of  perfect  esteem  with  which 
I  am,  &c2 

Jefferson  consulted  his  Chief  constantly.  The 
following  is  an  example  of  the  notes  sent : 

Mr.  Jefferson  has  the  honour  of  enclosing  for  the  perusal 
of  the  President,  rough  draughts  Of  the  letters  he  supposes 
it  proper  to  send  to  the  court  of  France  on  the  present 
occasion.  He  will  have  that  of  waiting  on  him  in  person 
immediately  to  make  any  changes  in  them  the  President  will 
be  so  good  as  to  direct,  and  to  communicate  to  him  two  letters 
just  received  from  Mr.  Short. 

April  5.  1790.    a  quarter  before  one.3 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Eecord  Book,  Vol.  20. 

2  Dept.  of  State  MSS.,  American  Letters,  IV. 

3  Dept.  of  State  MSS.,  Wash.  Papers,  Eecord  Book,  Vol.  21. 


THE  NEW  DEPARTMENT  91 

Little   of   the    business    of   the    Department,    even  | 
of  a  routine  character,  was  transacted  without  the 
President's  sanction. 

In  a  letter  dated  June  12,  1815,  to  the  Secretary  of 
the  Navy,  President  Madison  stated  what  were  the 
relations  of  the  head  of  a  Department  to  the  President. 

By  the  structure  of  the  several  Executive  Departments, 
and  by  the  practice  under  them,  the  Secretary  of  the  Navy, 
like  the  other  Secretaries,  is  the  regular  organ  of  the  Presi- 
dent for  the  business  belonging  to  his  Department ;  and  with 
the  exception  of  cases  in  which  independent  powers  are 
specially  vested  in  him  by  law,  his  official  acts  derive  their 
authority  from,  or,  in  other  words,  carry  with  them,  the 
authority  of  the  Executive  of  the  United  States.  Should  a 
head  of  a  Department  at  any  time  violate  the  intentions  of 
the  Executive,  it  is  a  question  between  him  and  the  Executive. 
In  all  cases  where  the  contrary  does  not  appear,  he  is  under- 
stood to  speak  and  to  act  with  the  Executive  sanction,  or,  in 
other  words,  the  Executive  is  presumed  to  speak  and  to  act 
through  him.1 

The  Secretary  of  State,  as  the  custodian  of  the  seal 
of  the  United  States  and  the  agency  for  the  promul- 
gation of  the  laws,  occupied  a  position  of  higher 
dignity  than  attached  to  the  head  of  any  other  Depart- 
ment, and  a  closer  relationship  to  the  Chief  Executive. 
His  domestic  functions  were  intended  to  be  extensive. 
"At  least,"  wrote  Washington  to  Jefferson,  "it  was 
the  opinion  of  Congress,  that,  after  the  division  of  all 
the  business  of  a  domestic  nature  between  the  Depart- 
ments of  the  treasury,  war,  and  state,  those  which 
would  be  comprehended  in  the  latter  might  be  per- 

i  Madison  MSS.,  Library  of  Congress. 


92  THE  DEPARTMENT  OF  STATE 

formed  by  the  same  person,  who  should  have  the 
charge  of  conducting  the  department  of  foreign 
affairs."1  Jefferson  described  the  Department  as 
embracing  ''the  whole  domestic  administration  (war 
and  finance  excepted)."2 

In  many  cases  the  President  was  obliged  to  decide 
to  what  Department  certain  duties  belonged.  Post- 
office  affairs,  for  example,  Jefferson  had  supposed 
would  fall  under  his  general  supervision.  He  wrote 
to  Timothy  Pickering,  the  Postmaster-General: 

Philadelphia  March  28.  1792.    Wednesday  morning. 
Sir 

The  President  has  desired  me  to  confer  with  you  on  the 
proposition  I  made  the  other  day,  of  endeavoring  to  move 
the  posts  at  the  rate  of  100  miles  a  day.  It  is  believed  to  be 
practicable  here,  because  it  is  practiced  in  every  other 
country:  the  difference  of  expense,  alone,  appeared  to  pro- 
duce doubts  with  you  on  the  subject.  If  you  have  no  engage- 
ment for  dinner  today,  and  will  do  me  the  favor  to  come  and 
dine  with  me,  we  will  be  entirely  alone,  and  it  will  give  us 
time  to  go  over  the  matter  and  weigh  it  thoroughly.  I  will 
in  that  case  ask  the  favor  of  you  to  furnish  yourself  with 
such  notes  as  may  ascertain  the  present  expense  of  the  posts, 
for  one  day  in  the  week  to  Boston,  and  Richmond,  and  enable 
us  to  calculate  the  savings  which  may  be  made  by  availing 
ourselves  of  the  Stages.  Be  pleased  to  observe  that  the  stages 
travel  all  the  day :  there  seems  nothing  necessary  for  us  then 
but  to  hand  the  mail  along  through  the  night  till  it  may  fall 
in  with  another  stage  the  next  day,  if  motives  of  economy 
should  oblige  us  to  be  thus  attentive  to  small  savings.  If  a 
little  latitude  of  expense  can  be  allowed,  I  should  be  for  only 

i  Writings  (W.  C.  Ford),  V,  139. 
2  Ibid.  (P.  L.  Ford),  II,  468. 


THE  NEW  DEPARTMENT  93 

using  the  Stages  the  first  day,  and  then  have  our  own  riders. 
I  am  anxious  that  the  thing  should  be  begun  by  way  of 
experiment  for  a  short  distance,  because  I  believe  it  will  so 
increase  the  income  of  the  post  office,  as  to  show  we  may  go 
through  with  it.  I  shall  hope  to  see  you  at  three  o'clock. 
I  am  with  great  esteem  Sir  &C1 

Washington,  however,  thought  that  the  post-office 
properly  belonged  under  the  supervision  of  the 
Treasury  Department.  The  mint,  on  the  other  hand, 
he  placed  under  the  State  Department.  He  wrote  to 
Jefferson,  October  20,  1792 : 

The  post  office  (as  a  branch  of  Revenue)  was  annexed  to 
the  Treasury  in  the  time  of  Mr.  [Samuel]  Osgood  [Post- 
master-General] ;  &  when  Col0  Pickering  was  appointed 
thereto,  he  was  informed,  as  appears  by  my  letter  to  him 
dated  the  29  day  of  August  1791,  that  he  was  to  consider  it 
in  that  light.  If  from  relationship,  or  usage  in  similar  cases 
(for  I  have  made  no  inquiry  into  the  matter,  having  been 
closely  employed  since  you  mentioned  the  thing  to  me  in 
reading  papers  from  the  War  Office)  the  mint  does  not 
appertain  to  the  Department  of  the  Treasury,  I  am  more 
inclined  to  add  it  to  that  of  state,  than  to  multiply  the  duties 
of  the  other.2 

Accordingly,  the  Secretary  of  State  managed  the 
affairs  of  the  mint.    December  18,  1792,  he  wrote : 

The  President  of  the  United  States. 

Th.  Jefferson  has  the  honor  to  send  the  President  2  cents 
made  on  Voight's  plan,  by  putting  a  silver  plug  worth  %  of  a 
cent,  into  a  copper  worth  ^  of  a  cent.  Mr.  Rittenhouse  is 
about  to  make  a  few  by  mixing  the  same  plug  by  fusion  with 
the  same  quantity  of  Copper,     he  will  then  make  of  copper 

i  Dept.  of  State  MSS.,  American  Letters,  IV. 

2  Dept.  of  State  MSS.,  Wash.  Papers,  Kecord  Book,  Vol.  21. 


94  THE  DEPARTMENT  OF  STATE 

alone  of  the  same  size,  and  lastly  he  will  make  the  real  cent 
as  ordered  by  Congress,  four  times  as  big.  Specimens  of 
these  several  ways  of  making  the  cent  will  be  delivered  to 
the  Committee  of  Congress  now  having  the  subject  before 
them.1 

When  Jefferson  entered  upon  his  duties  he  found 
two  officers  of  equal  rank  in  charge  of  the  Depart- 
ment's affairs.  Henry  Remsen,  Jr.,  had  been  elected 
Under-Secretary  of  Foreign  Affairs  March  2,  1784, 
and  was  given  charge  of  the  papers  of  the  Department 
of  Foreign  Affairs  when  the  new  Government  was 
formed.  Roger  Alden  was  elected  Deputy  Secretary 
of  Congress  under  Charles  Thomson  in  1785,  and  was 
directed  by  Washington,  when  he  became  President, 
to  take  custody  of  the  great  seal  and  other  papers  of 
Congress  not  connected  with  foreign  affairs,  finance, 
or  war.  Although  the  law  provided  for  one  Chief 
Clerk,  Jefferson  determined  to  leave  Remsen  and 
Alden  in  equal  rank  in  the  new  Department. 

When  I  arrived  here  [he  wrote  to  Benjamin  Smith  Barton 
August  12,  1790],  I  found  Mr.  Alden  at  the  head  of  the 
home  office  and  Mr.  Remsen  at  that  of  the  foreign  office. 
Neither  could  descend  to  a  secondary  appointment,  &  yet 
they  were  each  so  well  acquainted  with  their  respective 
departments  &  the  papers  in  them,  that  it  was  extremely 
desirable  to  keep  both.  On  this  ground,  of  their  peculiar 
familiarity  with  the  papers  &  proceedings  of  their  respective 
offices,  which  made  them  necessary  to  me  as  indexes,  I  asked 

permission  to  appoint  two  chief  clerks One  of  them 

[Alden]  chusing  afterwards  to  engage  in  another  line  I  could 
do  nothing  less,  in  return  to  the  complaisance  of  the  legis- 

i  Dept,  of  State  MSS.,  Wash.  Papers,  Kecord  Book,  Vol.  21. 


THE  NEW  DEPARTMENT  95 

lature,  than  declare  that  as  the  ground  on  which  alone  they 
were  induced  to  allow  the  second  office,  was  now  removed, 
I  considered  the  office  as  at  an  end,  and  that  the  arrangement 
should  return  to  the  order  desired  by  the  legislature.1 

The  Act  of  June  4, 1790,  gave  the  authority  to  employ 
two  principal  clerks  each  at  a  salary  of  $800  per 
annum.  On  July  25,  1790,  Alden  resigned  to  enter 
private  life,  being  dissatisfied  with  the  compensation 
of  his  office,2  and  Remsen  then  became  the  Chief  Clerk, 
occupying  that  position  until  1792,  when  he  resigned 
to  become  the  first  teller  of  the  new  United  States 
Bank,  and  his  place  was  taken  by  George  Taylor  of 
New  York,  who  was  promoted  from  a  clerkship  in  the 
Department. 

The  form  of  appointment  was : 

Department  of  State  to  wit. 

George  Taylor,  heretofore  a  clerk  in  the  office  of  the 
Secretary  of  State,  is  hereby  appointed  a  chief  clerk  thereof 
in  the  room  of  Henry  Remsen  resigned.  Given  under  my 
hand  this  first  day  of  April,  1792. 

Th  :  Jefferson.3 

i  Writings  (Ford),  V,  223. 

2  In  1822  Alden  applied  for  an  office  from  President  Monroe,  his 
personal  friend.  He  stated  that  he  had  served  in  the  Eevolution  in  1777 
as  aide  to  General  Benedict  Arnold;  was  afterwards  a  major  in  the 
brigade  of  General  Huntington;  served  under  Washington,  and  in  1780 
was  selected  by  him  as  an  aide,  but  recommended  Colonel  Humphreys 
in  his  place.  His  last  military  service  was  as  aide  to  General  Parsons, 
and  he  resigned  in  February,  1781.  Afterwards  he  studied  law  under 
Samuel  Johnson  of  Connecticut;  was  appointed  Deputy  Secretary  of 
Congress  in  1785  and  continued  in  that  office  until  he  became  a  principal 
clerk  in  the  Department  of  State.  (Dept.  of  State  MSS.,  Applic.  for 
Office.) 

3  Dept.  of  State  MSS.,  American  Letters,  IV. 


96 


THE  DEPART  VEST  <)E  STATE 


June  17,  1790,  Jefferson  sent  the  Secretary  of  the 
Treasury  an  estimate  of  the  probable  expenses  of  the 
Department  for  one  year  from  April  1  last: 

dollars 
The  Secretary  of  State,  his  salary      ....     3500 

1st  The  Home  Office 
One  Clerk  a  800  doll"  and  one  do  a  500  doll"      .  .     1300 

Office  Keeper  and  Messenger     .....       200 

Stationary        ........       110 

Firewood  ........         50 

Newspapers  from  the  different  States,  suppose  15  a 

4  dollars  .......         60 

A  collection  of  the  Laws  of  the  States  to  be  begun, 

suppose     ........       200 

Drenan's     account     of     1789,     August     19th     going 

express      ......  6  dol" 

Maxwell's  Do 10  16 


1836 

2d  The  Foreign  Office 

One  Clerk  a  800  doll"  two  Do  a  500  doll"  each  . 

1800 

The  french  interpreter     ..... 

250 

Office-Keeper  and  Messenger     .... 

200 

Rent  of  the  Office     ...... 

200 

Stationary  &c            ...... 

75 

Firewood          ....... 

50 

Gazettes  from  abroad,  and  d°  to  be  sent  abroad  . 

25 

Contingencies            ...... 

25 

New  York,  June  I£th  1790 

2625 

*7961 

December  11,  1790,  he  made  the  estimates  for  the 
ensuing  year  as  $8,008.50,  having  combined  the  home 

1  Dept.  of  State  MSS.,  American  Letters,  IV. 


TEE  NEW  DEPARTMENT  97 

office  and  foreign  affairs.  He  had  one  Chief  Clerk  at 
$800  per  annum;  three  clerks  at  $500  each;  " clerk 
for  foreign  languages,"  $250;  "office  rent  at  Phila- 
delphia $187.50,  Ditto  at  New  York,  supposing  the 
house  there  not  to  be  let,  or  if  let,  the  Rent  not 
recovered  for  the  office  is  responsible,  150. '" 

One  of  the  clerks,  the  French  translator,  it  will  be 
observed,  received  only  $250  per  annum,  but  it  was 
not  intended  that  he  should  devote  his  whole  time  to 
his  official  duties,  as  his  colleagues  did.  Other  trans- 
lators were  employed  for  other  languages.  Isaac 
Pinto,  who  was  appointed  interpreter  of  the  Spanish 
language  November  24,  1786,  continued  to  serve  for 
several  years  and  complained  in  a  letter  dated 
November  13,  1789,  that  in  three  years  his  entire 
compensation  had  amounted  to  only  £8.12. 4.2 

To  the  post  of  French  translator  Philip  Freneau, 
"the  poet  of  the  Revolution,"  was  appointed  August 
16,  1791,  and  while  he  held  it  he  edited  the  National 
Gazette,  a  newspaper  started  at  the  instigation  of 
Jefferson  and  his  friends,  and  the  organ  of  their  party. 

The  clerks  were  paid  out  of  a  general  fund,  no 
specific  appropriation  being  made  until  the  Act  of 
December  23,  1791,  named  as  the  whole  amount  for 
the  ensuing  year  for  the  Secretary  and  officers  $6,300. 

The  appropriation  was  meant  to  include  the  whole 
force    of    the    Department,    except    messengers    or 

i  Dept.  of  State  MSS.,  American  Letters,  IV. 
2  Ibid. 


98  THE  DEPARTMENT  OF  STATE 

laborers,  although  it  spoke  of  the  Secretary  "and 
officers"  and  did  not  specify  clerks.  An  act  passed 
the  same  year  required  an  oath  of  office  from  every 
clerk  and  "other  officer"  in  the  Departments.  Clerks 
were  thus  officers.  In  1868  Attorney-General  Evarts, 
having  the  question  presented  to  him  by  the  Secretary 
of  the  Treasury,  gave  an  opinion,  following  that  of 
the  Supreme  Court,1  that  "clerks  in  the  several 
departments  were  officers  under  the  government  of 
the  United  States."2  In  1896,  in  response  to  a  request 
for  an  opinion  by  the  Secretary  of  State,  the  Attorney- 
General  expressed  the  opinion  that  all  of  the  officers 
of  the  State  Department  who  were  below  the  rank  of 
the  Assistant  Secretaries  were  clerks  in  the  meaning 
of  the  law.3  Legally  speaking,  therefore,  not  only  are 
clerks  officers,  but  officers  are  clerks. 

The  act  creating  the  Department  of  Foreign  Affairs 
required  that  the  Secretary  and  each  of  his  subordi- 
nates should,  before  entering  upon  his  duties,  take  an 
oath  "well  and  faithfully  to  execute  the  trust  com- 
mitted to  him/'  This  was  modified  subsequently  by 
the  Act  of  March  3,  1791,  to  require  every  clerk  and 
"other  officer"  who  had  been  appointed  in  any  of  the 
Departments  and  who  had  not  already  done  so,  as 
well  as  all  who  should  subsequently  be  appointed,  to 
take  an  oath  or  affirmation  before  a  Justice  of  the 

i  6  Wall.,  393. 

2  12  Op.,  521. 

3  15  Op.,  3. 


TEE  NEW  DEPARTMENT  99 

Supreme  Court,  or  a  Judge  of  a  United  States  District 
Court,  to  support  the  Constitution  of  the  United 
States  as  well  as  to  faithfully  perform  the  duties 
intrusted  to  him.  No  regular  form  of  oath  was 
prescribed,  but  the  wording  usually  ran:  "I,  A.  B., 
do  solemnly  swear  (or  affirm)  that  I  will  support  the 
Constitution  of  the  United  States  and  well  and  faith- 
fully execute  the  trust  confided  to  me  as  ." 
Later  a  new  form  came  into  use,  the  first  one  of  which 
is  found  in  1807 : 

1  John  Graham  clerk  in  the  Department  of  State  do 
solemnly  swear  that  I  will  well  and  faithfully  execute  the 
trust  reposed  in  me  according  to  the  best  of  my  skill  and 
Judgment,  and  particularly  that  I  will  make  no  copies  of, 
or  extracts  from,  any  Books  or  Papers  belonging  to  the  said 
office ;  but  such  as  I  shall  be  directed  or  authorized  by  the 
Secretary  to  make  nor  will  I  disclose  the  secrets  of  the  office — 
I  do  further  swear  that  I  will  support  the  Constitution  of 
the  United  States  and  serve  them  in  the  office  which  I  now 
hold,  under  their  authority  with  fidelity  and  honor,  according 
to  the  best  of  my  skill  and  understanding. 

John  Graham 
Sworn  this  25th  July  1807 
before 
"William  Thornton1 

This  form  of  oath  was  probably  put  into  effect 
because  there  had  been  in  1800  disclosures  of  official 
secrets  by  two  clerks  in  the  office  of  the  Auditor  of 
the  Treasury  Department,2  but  it  does  not  seem  to 

i  Dept.  of  State  MSS.,  Bureau  of  Appointments. 

2  They  were  Anthony  Campbell  and  William  P.  Gardner.  See 
American  Historical  Review,  III,  282. 


100  TTIE  DEPARTMENT  OF  STATE 


have  remained  in  nse  for  a  long  time,  the  simpler 
form  of  an  oath  of  allegiance  and  to  perform  faithfully 
the  duties  of  office  being  returned  to. 

The  organic  act  of  the  Department  of  State  required 
that  the  Secretary  should  provide  a  Department  seal, 
the  President  approving  the  design.  The  War  Depart- 
ment found  ready  for  its  use  the  old  seal  of  the  Board 
of  War  and  Ordnance  and  the  Treasury  Department 
the  seal  of  the  Board  of  Treasury,  but  the  Department 
of  Foreign  Affairs  had  had  no  seal,  so  there  was  no 
guide  for  the  new  Department  to  follow. 

Jefferson  had  served  in  1776  on  the  first  committee 
chosen  by  Congress  to  prepare  the  design  for  the  arms 
of  the  United  States ;  but  the  device  submitted  was 
rejected.  He  was  not,  therefore,  wholly  inexperienced 
on  the  subject  of  official  seals ;  but  he  does  not  appear 
to  have  made  any  attempt  to  make  an  original  one  for 
his  Department,  and  simply  chose  the  arms  of  the 
United  States. 

An  impression  of  the  seal  in  1817  has  been  found 
and  is  doubtless  the  original  design,  being  simply  the 
arms  with  the  legend,  " Secretary  of  State's  Office."1 
This  was  changed  later  to  "Department  of  State, 
United  States  of  America."  There  is  no  record  of 
the  precise  time  of  the  adoption  of  the  seal,  but  the 
device  has  suffered  no  change,  except  such  as  has 
arisen  from  cutting  a  new  seal  from  time  to  time. 

The  Department  was  the  medium  through  which 

i  Dept.  of  State  MSS.,  Miscl.  Letters,  Vol.  58. 


TEE  NEW  DEPARTMENT  101 

correspondence  with  the  National  Government  and  the   I 
several  state  governments  was  conducted.     How  the 
communications  from  the  states  to  Congress  were  to 
be  transmitted  was  the  subject  of  the  following  letter 
from  Jefferson  to  Washington  (April  1,  1790) : 

Th.  Jefferson  has  the  honor  to  inform  the  President  that 
Mr  Madison  has  just  delivered  to  him  the  result  of  his  reflec- 
tions on  the  question  How  shall  communications  from  the 
several  states  to  Congress  through  the  channel  of  the 
President  be  made? 

He  thinks  that  in  no  case  would  it  be  proper  to  go  by  way 
of  letter  from  the  Secretary  of  state:  that  they  should  be 
delivered  to  the  houses  either  by  the  Secretary  of  state  in 
person  or  by  Mr.  Leir,  he  supposes  a  useful  division  of  the 
office  might  be  made  between  these  two,  by  employing  the 
one  where  a  matter  of  fact  alone  is  to  be  communicated,  or 
a  paper  delivered  in  the  ordinary  course  of  things  and  where 
nothing  is  required  by  the  President;  and  using  the  agency 
of  the  other  where  the  President  chuses  to  recommend  any 
measure  to  the  legislature  and  to  attract  their  attention  to  it. 

The  President  will  be  pleased  to  order  in  this  what  he  thinks 
best.  T.  Jefferson  supposes  that  whatever  may  be  done  for 
the  present,  the  final  arrangement  of  business  should  be  con- 
sidered as  open  to  alteration  hereafter.  The  government  is 
as  yet  so  young,  that  cases  enough  have  not  occurred  to 
enable  a  division  of  them  into  classes,  and  the  distribution 
of  these  classes  to  the  persons  whose  agency  would  be  the 
properest. 

He  sends  some  letters  for  the  President's  perusal,  praying 
him  to  alter  freely  anything  in  them  which  he  thinks  may 
need  it.1 

i  Wash.  Papers,  Kecord  Book,  Vol.  21;  also  Jefferson's  Writings 
(Ford),  V.  150. 


102  THE  DEPARTMENT  OF  STATE 

Under  the  Confederation,  the  President  of  Congress 
always  transmitted  acts  of  Congress  to  the  executives 
of  the  states,  but  the  Secretary  of  Foreign  Affairs 
was  commonly  the  medium  of  correspondence  with  the 
governors.1  The  Department  of  Foreign  Affairs  took 
the  duty  of  sending  the  acts  and  of  other  correspond- 
ence under  the  new  government. 

Jay  wrote  to  the  governors  of  New  York  and 
Massachusetts  September  4,  1789 : 

In  pursuance  of  the  Orders  of  the  President  of  the  United 
States,  I  have  the  honor  of  transmitting  to  your  Excellency 
herewith  enclosed,  a  copy  of  an  Act  of  Congress  of  the  6th 
June  1788  and  of  a  concurrent  Resolution  of  the  Senate  and 
House  of  Representatives  (passed  by  the  latter  on  the  10th 
and  concurred  in  by  the  former  on  the  19th  August  last). 
In  pursuance  of  a  request  contained  in  this  Resolution,  the 
President  has  been  pleased  to  appoint  Andrew  Ellicott  to 
compleat  the  survey  therein  mentioned;  who  will  begin  that 
work  on  the  tenth  day  of  October  next;  and  am  directed  to 
give  your  Excellency  this  information  in  order  that  the 
State  of  may  if  they  think  proper,  have  persons 

attending  at  the  time.2 

The  joint  resolution  directed  the  geographer  of  the 
United  States  to  ascertain  the  boundary  line  between 
the  United  States  and  the  states  of  New  York  and 
Massachusetts,  agreeably  to  the  deeds  of  cessions  of 
those  states. 

Jefferson  continued  the  practice  of  Jay. 

i  Writings  of  Madison  (Hunt),  I,  291. 

2  Dept.  of  State  MSS.,  American  Letters,  IV. 


THE  NEW  DEPARTMENT  103 

(Circular) 

To  the  Governors  of  the  several  States. 

New  York,  March  31^  1790. 
Sir 

I  have  the  honor  to  send  you  herein  enclosed  two  copies, 
duly  authenticated,  of  the  act  providing  for  the  enumeration 
of  the  inhabitants  of  the  United  States;  also  of  the  act  to 
establish  an  uniform  rule  of  naturalization;  also  of  the  act 
making  appropriations  for  the  support  of  Government  for 
the  year  1790;  and  of  being  with  sentiments  of  the  most 
perfect  respect  &c. 

Thomas  Jefferson.1 

It  was  Jefferson's  opinion,  however,  that  some  of 
the  correspondence  with  the  governors  of  the  states 
might  be  carried  on  directly  with  the  President.  He 
wrote  to  the  President  November  6,  1791 : 

I  have  the  honour  to  inclose  you  a  draught  of  a  letter  to 
Governor  Pinckney,  and  to  observe  that  I  suppose  it  to  be 
proper  that  there  should,  on  fit  occasions,  be  a  direct  corre- 
spondence between  the  President  of  the  U.  S.  and  the 
governors  of  the  states ;  and  that  it  will  probably  be  grateful 
to  them  to  receive  from  the  President  answers  to  the  letters 
they  address  to  him.  The  correspondence  with  them  on 
ordinary  business  may  still  be  kept  up  by  the  Secretary  of 
State  in  his  own  name.2 

There  was  no  doubt,  however,  that  the  Secretary 
of  State  was  to  be  the  sole  intermediary  of  corre- 
spondence with  our  agents  abroad  and  the  agents  of 
foreign  governments  to  the  United  States.  The  rule 
was  laid  down  before  Jefferson's  appointment,  when 

1  Dept.  of  State  MSS.,  American  Letters,  IV. 

2  Dept.  of  State  MSS.,  Wash.  Papers,  Record  Book,  Vol.  20. 


104  THE  DEPARTMENT  OF  STATE 

Washington     declined     direct    correspondence     with 
Monstier,  the  French  minister. 

American  representatives  continued  to  serve  abroad 
without  in  all  cases  receiving  new  commissions. 
Jefferson  wrote  to  Washington  February  4,  1792 : 

The  laws  and  appointments  of  the  antient  Congress  were 
as  valid  and  permanent  in  their  nature,  as  the  laws  of  the 
new  Congress,  or  appointments  of  the  new  Executive;  these 
laws  &  appointments  in  both  cases  deriving  equally  their 
source  from  the  will  of  the  Nation :  and  when  a  question 
arises,  whether  any  particular  law  or  appointment  is  still  in 
force,  we  are  to  examine,  not  whether  it  was  pronounced  by 
the  antient  or  present  organ,  but  whether  it  has  been  at  any 
time  revoked  by  the  authority  of  the  Nation  expressed  by  the 
organ  competent  at  the  time.  The  Nation  by  the  act  of  their 
federal  convention,  established  some  new  principles  &  some 
new  organizations  of  the  government.  This  was  a  valid 
declaration  of  their  will,  and  ipso  facto  revoked  some  laws 
before  passed,  and  discontinued  some  offices  and  officers 
before  appointed.  Whenever  by  this  instrument,  an  old  office 
was  superseded  by  a  new  one,  a  new  appointment  became 
necessary;  but  where  the  new  Constitution  did  not  demolish 
an  office,  either  expressly  or  virtually,  nor  the  President 
remove  the  officer,  both  the  office  and  the  officer  remained. 
This  was  the  case  of  several;  in  many  of  them  indeed  an 
excess  of  caution  dictated  the  superaddition  of  a  new  appoint- 
ment; but  where  there  was  no  such  superaddition,  as  in  the 
instance  of  Mr.  Dumas,  both  the  office  and  the  officer  still 
remained:  for  the  will  of  the  nation,  validly  pronounced  by 
the  proper  organ  of  the  day,  had  constituted  him  their  agent, 
and  that  will  has  not  through  any  of  its  successive  organs 
revoked  his  appointment.1 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Record  Book,  Vol.  20.     Writings 
of  Jefferson  (Ford),  V,  438. 


THE  NEW  DEPARTMENT  105 


The  complete  power  of  the  Executive  over  the 
transaction  of  business  pertaining  to  foreign  countries 
is  illustrated  by — 

The  opinion  of  the  Secretary  of  State  on  the  construction 
of  the  powers  of  the  Senate  with  respect  to  their  agency  in 
appointing  Ambassadors  &c  and  fixing  the  grade. 

The  Constitution  having  declared  that  the  President  ' '  shall 
nominate,  and  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  Ambassadors,  other  public  Ministers 
and  Consuls,"  the  President  desires  my  opinion  whether  the 
Senate  has  a  right  to  negative  the  grade  he  may  think  it 
expedient  to  use  in  a  foreign  mission,  as  well  as  the  person 
to  be  appointed? 

I  think  the  Senate  has  no  right  to  negative  the  grade. 

The  Constitution  has  divided  the  powers  of  Government 
into  three  branches,  Legislative,  Executive  and  Judiciary, 
lodging  each  with  a  distinct  magistracy.  The  Legislative  it 
has  given  completely  to  the  Senate  and  House  of  Representa- 
tives: It  has  declared  that  the  Executive  powers  shall  be 
vested  in  the  President,  submitting  only  special  articles  of  it 
to  a  negative  by  the  Senate :  and  it  has  vested  the  Judiciary 
power  in  the  Courts  of  Justice,  with  certain  exceptions  also 
in  favor  of  the  Senate. 

The  transaction  of  business  with  foreign  nations  is  Execu- 
tive altogether.  It  belongs  then  to  the  head  of  that  depart- 
ment, except  as  to  such  portions  of  it  as  are  specially  sub- 
mitted to  the  Senate.  Exceptions  are  to  be  construed  strictly. 
The  Constitution  itself  indeed  has  taken  care  to  circumscribe 
this  one  within  very  strict  limits:  for  it  gives  the  nomination 
of  the  foreign  Agent  to  the  President — the  appointment  to 
him  and  the  Senate  jointly;  and  the  commissioning  to  the 
President.  This  analysis  calls  our  attention  to  the  strict 
import  of  each  term.  To  nominate  must  be  to  propose; 
appointment  seems  to  be  the  act  of  the  will  which  constitutes 
or  makes  the  Agent;  and  the  Commission  is  the  public  evi- 


106  TEE  DEPARTMENT  OF  STATE 

dence  of  it.  But  there  are  still  other  Acts  previous  to  those 
not  specially  enumerated  in  the  Constitution;  to  wit  1.  the 
destination  of  a  mission  to  the  particular  country  where  the 
public  service  calls  for  it:  and,  2nd.  the  character,  or  grade 
to  be  employed  in  it.  The  natural  order  of  all  these  is 
1.  destination.  2nd  grade.  3d  nomination.  4th  appointment. 
5th  commission,  if  appointment  does  not  comprehend  the 
neighboring  Acts  of  nomination  or  commission,  (and  the 
constitution  says  it  shall  not,  by  giving  them  exclusively 
to  the  President)  still  less  can  it  pretend  to  comprehend  those 
previous  and  more  remote  of  destination  and  grade.  The 
Constitution  analyzing  the  three  last,  shews  they  do  not  com- 
prehend the  two  first.  The  4th  is  the  only  one  it  submits  to 
the  Senate,  shaping  it  into  a  right  to  say  that  "A.  or  B.  is 
unfit  to  be  appointed,  but  the  grade  fixed  on  is  not  the  fit 
one  to  employ"  or  "our  connections  with  the  Country  of  his 
destination  are  not  such  as  to  call  for  any  mission."  The 
Senate  is  not  supposed  by  the  Constitution  to  be  acquainted 
with  the  concerns  of  the  Executive  department.  It  was  not 
intended  that  these  should  be  communicated  to  them:  nor 
can  they  therefore  be  qualified  to  judge  of  the  necessity  which 
calls  for  a  mission  to  any  particular  place  or  of  the  particular 
grade,  more  or  less  marked,  which  special  and  secret  circum- 
stances may  call  for.  All  this  is  left  to  the  President.  They 
are  only  to  see  that  no  unfit  person  be  employed. 

It  may  be  objected  that  the  Senate  may,  by  continual  nega- 
tives on  the  person,  do  what  amounts  to  a  negative  on  the 
grade:  and  so  indirectly  defeat  this  right  of  the  President. 
But  this  would  be  a  breech  of  trust,  an  abuse  of  the  power 
confided  to  the  Senate,  of  which  that  body  cannot  be  supposed 
capable.  So  the  President  has  a  power  to  convoke  the  legis- 
lature; and  the  Senate  might  defeat  that  power  by  refusing 
to  come.  This  equally  amounts  to  a  negative  on  the  power 
of  convoking.  Yet  nobody  will  say  they  possess  such  a  nega- 
tive, or  would  be  capable  of  usurping  it  by  such  oblique 
means.     If  the  Constitution  had  meant  to  give  the  Senate  a 


TEE  NEW  DEPARTMENT  107 

negative  on  the  grade  or  destination,  as  well  as  the  person, 
it  would  have  said  so  in  direct  terms,  and  not  left  it  to  be 
effected  by  a  sidewind.  It  could  never  mean  to  give  them  the 
use  of  one  power  thro'  the  abuse  of  another. 

„    ,    ,  Th  Jefferson1 

5X*  1 irao 

The  arrangement  of  compensation  for  officers  in  the 
foreign  service  was  left  to  the  President,  but  the  act 
of  July  1,  1790,  limited  the  whole  amount  to  be 
expended  to  $40,000  per  annum,  and  specified  the 
maximum  salaries.     The  President  was  authorized — 

To  draw  from  the  treasury  of  the  United  States,  a  sum  not 
exceeding  forty  thousand  dollars,  annually,  to  be  paid  out 
of  the  moneys  arising  from  the  duties  on  imports  and  tonnage, 
for  the  support  of  such  persons  as  he  shall  commission  to 
serve  the  United  States  in  foreign  parts,  and  for  the  expense 
incident  to  the  business  in  which  they  may  be  employed. 
Provided,  That,  exclusive  of  outfit,  which  shall,  in  no  case, 
exceed  the  amount  of  one  year's  full  salary  to  the  minister 
plenipotentiary  or  charge  des  affaires,  to  whom  the  same  may 
be  allowed,  the  president  shall  not  allow  to  any  minister  pleni- 
potentiary a  greater  sum  than  at  the  rate  of  nine  thousand 
dollars  per  annum,  as  a  compensation  for  all  his  personal 
services,  and  other  expenses ;  nor  a  greater  sum  for  the  same, 
than  four  thousand  five  hundred  dollars  per  annum  to  a 
charge  des  affaires;  nor  a  greater  sum  for  the  same,  than 
one  thousand  three  hundred  and  fifty  dollars  per  annum  to 
the  secretary  of  any  minister  plenipotentiary.  And  provided, 
also,  That  the  president  shall  account,  specifically,  for  all  such 
expenditures  of  the  said  money  as,  in  his  judgment,  may  be 
made  public,  and  also  for  the  amount  of  such  expenditures 
as  he  may  think  it  adviseable  not  to  specify,  and  cause  a 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Kecord  Book,  Vol.  20.  See  also 
Writings  of  Jefferson  (Ford),  V,  161. 


108  THE  DEPARTMENT  OF  STATE 


regular  statement  and  account  thereof  to  be  laid  before  con- 
gress annually,  and  also  lodged  in  the  proper  office  of  the 
treasury  department. 

Sect.  2.  And  he  it  further  enacted,  That  this  act  shall 
continue  and  be  in  force  for  the  space  of  two  years  thereafter 
and  no  longer. 

Jefferson  submitted  the  following  to  the  President: 

Observations    &c    respecting    Diplomatic    Matters,    and    the 
allowances  made  by  Congress. 

The  bill  on  the  intercourse  with  foreign  nations  restrains 
the  President  from  allowing  to  Ministers  Plenipotentiary  or 
to  Charges  des  Affairs  more  than  9000  and  4500  dollars  for 
their  personal  services  and  other  expences.  This  definition 
of  the  objects  for  which  the  allowance  is  provided,  appearing 
vague,  the  Secretary  of  State  thought  it  his  duty  to  confer 
with  the  Gentlemen  heretofore  employed  as  Ministers  in 
Europe,  to  obtain  from  them,  in  aid  of  his  own  information, 
an  enumeration  of  the  expences  incident  to  these  offices,  and 
their  opinion  which  of  them  would  be  included  within  the 
fixed  salary,  and  which  would  be  entitled  to  be  charged 
separately.  He  therefore  asked  a  conference  with  the  Vice 
President,  who  was  acquainted  with  the  residences  of  London 
and  the  Hague,  and  the  Chief-Justice  who  was  acquainted 
with  that  of  Madrid,  which  took  place  yesterday. 

The  Vice  President,  Chief  Justice,  &  Secretary  of  State 
concurred  in  opinion  that  the  Salaries  named  by  the  Act 
are  much  below  those  of  the  same  grade  at  the  Courts  of 
Europe,  and  less  than  the  public  good  requires  they  should 
be,  consequently,  that  the  expences  not  included  within  the 
definition  of  the  law  should  be  allowed  as  an  additional 
charge. 

1.  Couriers,  gazetts,  translating  necessary  papers,  print- 
ing necessary  papers,  aids  to  poor  Americans ;  all  three  agreed 
that  these   ought   to  be   allowed   as   additional   charges   not 


THE  NEW  DEPARTMENT  109 

included  within  the  phrase  "his  personal  services,  and  other 
expences. ' ' — 

2.  Postage,  Stationary,  Court-fees. — One  of  the  Gentle- 
men being  of  opinion  that  the  phrase  "personal  services  & 
other  expences,"  was  meant  to  comprehend  all  the  ordinary 
expences  of  the  office,  considered  this  second  class  of  expences 
as  ordinary,  and  therefore  included  in  the  fixed  salary  the  1st 
class  before  mentioned  he  had  viewed  as  extraordinary.  The 
other  two  Gentlemen  were  of  opinion  this  2d  class  was  also 
out  of  the  definition,  &  might  be  allowed  in  addition  to  the 
salary — one  of  them  particularly  considered  the  phrase  as 
meaning  "personal  services  personal  expences,"  that  is, 
expences  for  his  personal  accommodation,  comfort  &  mainte- 
nance. This  2d  class  of  expences  is  not  within  that 
description. 

3.  Ceremonies;  such  as  diplomatic  and  public  Dinners, 
Galas  &  illuminations.  One  Gentleman  only  was  of  opinion 
these  might  be  allowed. 

The  expences  of  the  1st  class  may  probably  amount  to 
about  50  Dollars  a  year;  that  of  the  2d  to  about  four  or  five 
hundred  dollars.  Those  of  the  3d  are  so  different  at  different 
Courts,  &  so  indefinite  in  all  of  them  that  no  general  estimate 
can  be  proposed. 

The  Secretary  of  State  thought  it  his  duty  to  lay  this 
information  before  the  President,  supposing  it  might  be 
satisfactory  to  himself;  as  well  as  to  the  Diplomatic  Gentle- 
men, to  leave  nothing  uncertain  as  to  their  allowances;  & 
because  too,  a  previous  determination  is  in  some  degree 
necessary  to  the  forming  an  estimate  which  may  not  exceed 
the  whole  sum  appropriated.  Several  papers  accompany  this 
containing  former  opinions  on  this  subject. 

The  Secretary  of  State  has  also  consulted  on  the  subject 
of  the  Morocco  consulships,  with  Mr.  Barclay,  who  furnished 
him  with  the  note  of  which  a  copy  accompanies  this.  Consid- 
ering all  circumstances  Mr  Barclay  is  of  opinion  we  had 
better  have  only  one  consul  there;  and  that  he  should  be 


110  THE  DEPARTMENT  OF  STATE 

the  one  now  residing  at  Morocco,  because,  as  Secretary  to  the 
Emperor,  he  sees  him  every  day  &  possesses  his  ear.  He  is 
of  opinion  600  Dollars  a  year  might  suffice  for  him ;  &  that  it 
should  be  proposed  to  him,  not  as  a  salary,  but  as  a  sum  in 
gross  intended  to  cover  his  expenses,  &  to  save  the  trouble  of 
keeping  accounts;  that  this  Consul  should  be  authorised  to 
appoint  Agents  in  the  Seaports,  who  would  be  sufficiently 
paid  by  the  consignments  of  vessels.  He  thinks  the  Consul 
at  Morocco  would  most  conveniently  receive  his  allowance 
through  the  channel  of  our  Charge  at  Madrid,  on  whom  also 
this  consulate  had  better  be  made  dependent  for  instructions, 
information  &  correspondence,  because  of  the  daily  inter- 
course between  Morocco  and  Cadiz. 

The  Secretary  of  State,  on  a  view  of  Mr  Barclay's  Note, 
very  much  doubts  the  sufficiency  of  the  sum  of  600  Dollars; 
he  supposes  a  little  money  there  may  save  a  great  deal;  but 
he  is  unable  to  propose  any  specific  augmentation  till  a  view 
of  the  whole  diplomatic  Establishment  and  its  expences,  may 
furnish  better  grounds  for  it. 

Th:  Jefferson 
17th  July,  1790.1 

In  1792  (November  5)  Jefferson  made  a  report  on 
the  subject  of  expenditures  as  follows : 

Estimate  of  the  fund  of  40,000  Dol.  for  foreign  intercourse, 
and  its  application 

D  D 

1790  July    1.    to    1791    July    1.    a    year's 
appropriation  ....     40,000 

1791  July    1,    to    1792    July    1    a    year's 
appropriation  ....     40,000 

1792  July  1,  to  1793,   Mar.   3  being  8%o 
months  27,000 

107,000 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Eeeord  Book,  Vol.  20. 


TEE  NEW  DEPARTMENT 


111 


1790.  July  1.  to  1791.  July  1,  actual  expenses 
incurred  .....     21,054 

1791.  July  1.  to  1792  July  1.  actual  expenses 
incurred 43,431.09 

1792.  July  1.  to  1793.  Mar.  3.  the  probable 
expenses  may  be  abt.       .  .  .     26,300 

Surplus  unexpended  will  be  about  .  .     16,214.91 


107,000 


He  estimated  the  ordinary  expenses  of  the  different 
grades  of  diplomatic  missions  as  follows  (dated 
November  5,  1792) : 


Estimate  of  the  ordinary  expence  of  the  different  diplomatic 
grades,  annually. 

A  Minister  Plenipotentiary 
D 


Outfit  y7  of  9,000    . 

.       1285.71 

Salary      .... 

.       9000. 

Secretary- 

.       1350. 

Extras      .... 

350. 

Return  of  %  of  2250 

321.42 

12307.13 

A  Resident 

D 

Outfit  Y7  of  4500       . 

642.85 

Salary      .... 

.       4500. 

Extras     .... 

350. 

Return  %  of  1125     . 

160.71 

5653.56 


II J 


THE  DEPARTMENT  OF  STATE 


Agent 


Salary 
Extras 


D 

1300 
350 


1650 


Medals  to  foreign  ministers,  suppose  5. 
to  be  kept  here  &  to  be  changed  once  in  7. 
years  will  be  about  654.6  annually 

To  support  the  present  establishment  would 
require 


D 

for  Paris,  Minister  Plenipoty 

12,307.13 

London             do 

12,307.13 

Madrid   Resident     . 

5,653.56 

Lisbon         do 

5,653.56 

Hague        do 

5,653.56 

Medals  to  foreign  ministers  . 

654.6 

42,229.54 

A  reduction  of  the  establishment,  to  bring 
it  within 

D 
the  limits  of  40,000. 

for  Paris,  a  Minister  Plenipty  12,307.13 

London            do  12,307.13 

Madrid,  a  Resident           .  5,653.56 

Lisbon,        do            .          .  5,653.56 

Hague,  an  agent     .          .  1,650. 

Medals  to  for.  ministers         .  654.6 

Surplus         ....  1,774.02 


40,000. 


He  also  made  the  following : 


THE  NEW  DEPARTMENT 


113 


Estimate  of  Demands  on  the  Foreign  Fund  from 
July  1st,  1790,  to  March  4,  1793} 


France ....  Salary 

Secretary  of  charge  des  affaires  during  his 
absence  in  Holland.  —  Suppose  4  months  abl . 

His  expenses  on  that  journey  abl 

Gazettes,  postage  &  other  extras  ab< 

Outfit  to  Minister  Plenipo  ....    

England.     Special  Agent,  viz  : 

Mr.  Gouverneur  Morris  from  1790,  Mar.  24 
to  Sept,  24 

Minister-Plenipo  :  his  outfit 

His  salary,  suppose  from  March  1st,  1792. . . 

Extras 

His  Secretary,  suppose  from  March  1  st,  1792 
Spain.     Charge  des  affaires  : 

His  salary 

Extras 

Additional  Commissioner,  his  traveling  and 

tavern  expenses.     Conjecture 

Portugal.     Minister  Resident : 

His  outfit 

Salary  from  Feby  21st  to  July  1st 

Extras , 

Hague.     Agent :  his  salary , 

Extras 

Minister  Resident :  his  outfit , 

Salary,  suppose  from  March  1st,  1792 , 

Extras 

Col0  Humphrey's  Agency  from  Augt  11,  1790 
to  Febv.  21,  1791,  a  2250  Dol*  pr  Ann 

Extras 

Foreign  Ministers  taking  leave.     Medals. 

Luzerne  about 1062 . 5 

VonBerkel 697. 

Du  Moustier 555 . 5 


Total . 


The  Foreign  Fund  a  40,000  Dolls  p.  ann.  from 

July  1st,  1791  to  Mar.  4,  1793 

Balance  will  remain  to  guard  against  contin- 
gencies   


1790-1. 


4,500 

243 
675 
350 


2,000 


4,500 
350 


4,500 
1,625 

126 
1,300 

100 


1187.5 
185. 


2,315 


23,956.5 


1791-2. 


6,000 

1,350 

350 
9,000 


9,000 

3,000 

80 

450 

4,500 
350 

1,500 


4,500 
350 

1,300 
100 

4,500 

1,500 
80 


47,910 


1792-3. 
8  months. 


6,000 
900 
240 


6,000 
240 
900 

3,000 
240 


3,000 

240 

866 

66 

3,000 
240 


24,932 


96,798.5 

106,666! 
9,868.1 


i  Dept.  of  State  MSS.,  Wash.  Papers,  Record  Book,  Vol.  21. 


114  THE  DEPARTMENT  OF  STATE 

This  question  is  further  elucidated  by  the  following 
(dated  April  18,  1793): 

The  Secretary  of  State  thinking  it  his  duty  to  communicate 
to  the  President  his  proceedings  of  the  present  year  for  trans- 
ferring to  Europe  the  annual  fund  of  40,000  Dollars 
appropriated  to  the  department  of  State  (a  report  whereof 
was  unnecessary  the  two  former  years,  as  monies  already  in 
the  hands  of  our  bankers  in  Europe  were  put  under  his 

orders) 

Reports 

That  in  consequence  of  the  President's  order  of  Mar.  23. 
he  received  from  the  Secretary  of  the  Treasury  Mar.  31.  a 
warrant  on  the  Treasury  for  39,500  Dollars:  that  it  being 
necessary  to  purchase  private  bills  of  exchange  to  transfer 
the  money  to  Europe,  he  consulted  with  persons  acquainted 
with  that  business,  who  advised  him  not  to  let  it  be  known 
that  he  was  to  purchase  bills  at  all,  as  it  would  raise  the 
exchange,  and  to  defer  the  purchase  a  few  days  till  the 
British  packet  should  be  gone,  on  which  went  bills  generally 
sunk  some  few  percent.  He  therefore  deferred  the  purchase, 
or  giving  any  orders  for  it  till  Apr.  10,  when  he  engaged 
Mr.  Vaughan  (whose  line  of  business  enabled  him  to  do  it 
without  suspicion)  to  make  the  purchase  for  him:  he  then 
delivered  the  warrant  to  the  Treasurer,  &  received  a  credit 
at  the  Bank  of  the  U.  S.  for  39,500  D.  whereon  he  had  an 
account  opened  between  "The  Department  of  State  &  the 
Bank  of  the  US."    That  Mr.  Vaughan  procured  for  him  the 

next  day  the  following  bills. 

£  Sterl  Doll 

Willing,  Morris  &   Swanwick  on  John  &  Francis 

Baring  &  Co.  London 3000-    for  13,000 

Walter  Stewart  on  Joseph  Birch — merch1  Liverpool      400-0  —     1,733.33 
Bobert  Gilmer  &  Co.  on  James  Strachan  &  James 
Mackenzie,    London,    indorsed    by    Mordecai 

Lewis £200  1 

150  I         600-0  =     2,600 

250  J  

4000-0  =  17,333.33 


THE  NEW  DEPARTMENT  115 

averaging  4s-73%00d  the  dollar,  or  about  2%  per  cent  above 
par,  which  added  to  the  1.  per  cent  loss  heretofore  always 
sustained  on  the  government  bills  (which  allowed  but  99 
florins,  instead  of  100  do.  for  every  40.  dollars)  will  render 
the  fund  somewhat  larger  this  year  than  heretofore :  that 
these  bills  being  drawn  on  London  (for  none  could  be  got 
on  Amsterdam  but  to  considerable  loss,  added  to  the  risk  of 
the  present  possible  situation  of  that  place)  he  had  them  made 
payable  to  Mr.  Pinckney,  and  inclosed  them  to  him  by  Capt. 
Cutting,  in  the  letter  of  Apr.  12  now  communicated  to  the 
President,  and  at  the  same  time  wrote  the  letter  of  the  same 
date  to  our  bankers  at  Amsterdam  &  to  Col0  Humphreys, 
now  also  communicated  to  the  President,  which  will  place 
under  his  view  the  footing  on  which  this  business  is  put.  and 
which  is  still  subject  to  any  change  he  may  think  proper  to 
direct,  as  neither  the  letters  nor  bills  are  yet  gone. 

The  Secretary  of  state  proposes  hereafter  to  remit  in  the 
course  of  each  quarter,  10,000  D.  for  the  ensuing  quarter, 
as  that  will  enable  him  to  take  advantage  of  the  times  when 
exchange  is  low.  He  proposes  to  direct  at  this  time  a  further 
purchase  of  12,166.66  D.  (which  with  the  500  D.  formerly 
obtained  &  17,333.33  now  remitted,  will  make  30,000  D  of 
this  year's  fund)  at  long  sight,  which  circumstance  with  the 
present  low  rate  of  exchange  will  enable  him  to  remit  it  to 
advantage. 

He  has  only  further  to  add  that  he  delivered  to  Mr. 
Vaughan  orders  on  the  bank  of  the  U  S.  in  favor  of  the 
persons  themselves  from  whom  the  bills  were  purchased  for 
their  respective  sums. 

This  Act  of  1790  was  continued  in  force  in  subsequent 
years,  with  additional  appropriations  for  specific 
purposes  of  foreign  intercourse,  and  the  Act  of  May 
1,  1810,  included  consuls  to  Algiers  and  other  states 
on  the  coast  of  Barbary,  the  salary  being  limited  to 


116  THE  DEPARTMENT  OF  STATE 

$4,000  for  the  consul  at  Algiers  and  $2,000  for  those 
at  other  states  on  the  Barbary  coast;  but  they  were 
to  have  no  payments  whatever  for  outfits.  By  this 
act,  also,  the  President  Avas  authorized  to  make  foreign 
appointments  during  the  recess  of  the  Senate,  to  "be 
submitted  to  the  Senate  at  the  next  session  thereafter, 
for  their  advice  and  consent." 

Other  consuls  were  not,  at  this  time,  in  receipt  of 
regular  salaries,  their  payment  coming  from  the  fees 
of  office  which  they  were  allowed  to  collect. 

It  was  the  practice  of  the  Secretary  of  State  to  make 
recommendations  to  the  President  for  consular 
appointments.  The  applicants  were  not  many  and 
were  usually  from  merchants  resident  in  the  ports. 
February  23,  1791,  in  sending  a  list  of  applicants, 
Jefferson  recommended  that  a  vice-consul  be  nominated 
in  this  form : 

John  Culnan,  citizen  of  the  U.  S.  late  of  its  armies,  and 
now  a  merchant  at  Teneriffe,  to  be  vice  consul  of  the  U.  S. 
for  the  Canary  Islands. 

For  consul: 

James  Yard,  of  Pennsylvania,  to  be  Consul  for  the  U.  S. 
in  the  Island  of  Santa  Cruz,  and  such  other  parts  within  the 
allegiance  of  his  Danish  Majesty  as  shall  be  nearer  thereto 
than  to  the  residence  of  any  other  Consul,  or  Vice  Consul 
of  the  U.  S.  within  the  same  allegiance.1 

i  Dept.  of  State  MSS.,  Wash.  Papers,  Kecord  Book,  Vol.  20. 


CHAPTER  VI 

SOMETIME  DUTIES  OF  THE  DEPARTMENT 

AS  the  Department  of  State  was  created  to 
manage,  not  only  foreign  affairs,  but  such 
domestic  duties  as  did  not  fall  under  the  War  and 
Treasury  Departments,  it  performed  certain  functions 
which  in  the  development  of  executive  machinery 
subsequently  passed  out  of  its  jurisdiction. 

First  of  these  in  magnitude  is  the  granting  of 
patents  for  inventions.  The  Act  of  April  10,  1790, 
which  first  regulated  the  business,  authorized  the 
Secretary  of  State,  Secretary  of  War,  and  Attorney- 
General,  or  any  two  of  them,  to  issue  letters  patent 
in  the  name  of  the  United  States,  upon  petition  setting 
forth  the  invention  or  discovery  of  "any  useful  art, 
manufacture,  engine,  machine,  or  device,  or  any 
improvement  therein,  not  before  known  or  used,"  if 
the  invention  or  discovery  was  deemed  to  be  useful 
and  important,  granting  to  the  petitioner,  for  a  term 
not  exceeding  fourteen  years,  the  sole  and  exclusive 
right  of  making,  using,  and  selling  it.  The  Attorney- 
General  was  to  examine  the  letters  patent,  and,  if  he 
found  them  to  conform  to  the  act,  was  to  so  certify  and 
present  them  to  the  President,  who  was  to  cause  the 
seal  of  the  United  States  to  be  affixed,  when  they 
became  available,  and,  after  having  been  recorded  in 
the  Secretary  of  State's  office  and  endorsed  by  him, 


118  THE  DEPARTMENT  OF  STATE 

they  were  to  be  delivered  to  the  patentee  or  his  agent. 
The  grantee  was  to  deposit  descriptions,  specifications, 
drawings,  and  models,  and  certified  copies  of  the 
specifications  were  to  be  accepted  before  all  courts 
as  competent  evidence.  Copies  of  specifications  and 
permission  to  have  copies  of  models  made  were  to  be 
granted  upon  application  to  the  Secretary  of  State. 
Penalties  were  provided  for  infringements.  The  fees 
to  be  paid  by  patentees  to  the  several  officers  who 
made  out  the  letters  patent  were:  for  receiving  and 
filing  the  petition,  fifty  cents ;  for  filing  specifications, 
ten  cents  for  every  copy  sheet  of  one  hundred  words ; 
for  making  out  the  patent,  two  dollars ;  for  affixing  the 
great  seal,  one  dollar ;  for  endorsing  the  day  of  deliver- 
ing the  patent,  and  all  intermediate  services,  twenty 
cents.1  Remsen,  the  chief  clerk  of  the  Department, 
who  was  immediately  in  charge  of  the  patent  business, 
prepared  the  papers  for  final  action  by  the  board,  and 
the  patent  granted  to  Samuel  Hopkins  July  31,  1790, 
which  was  the  first  one  issued,  was  signed  by  the 
President,  Thomas  Jefferson,  and  Edmund  Randolph, 
the  Attorney-General.  February  21,  1793,  another  act 
was  approved  abolishing  the  joint  agency  and  lodging 
the  granting  of  patents  in  the  Secretary  of  State,  the 
Attorney-General,  however,  to  examine  the  letters 
patent  and  pass  upon  their  conformity  to  the  act.2 

In  1802  began  the  real  formation  of  the  Patent  Office, 
with  the  assignment  to  the  duty  of  superintending  that 
part  of  the  Department's  business  of  a  remarkable 

i  1  Stat.,  109. 
2  1  Stat,  318. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   119 

and  versatile  character,  Dr.  William  Thornton,  who 
was  styled  Superintendent  of  Patents,  and  who  con- 
tined  in  that  office  for  twenty-six  years,  until  his  death 
March  28,  1828.1  He  received  his  first  government 
appointment  in  connection  with  the  laying  out  of 
Washington  in  1794.  It  appears  from  his  letters  that 
he  had  been  a  student  at  the  University  of  Edinburgh, 
and  in  London  and  Paris,  where  he  studied  mineralogy 
under  Faujas  de  St.  Fond.2  His  salary  at  first  was 
$1,400  per  annum,  but  was  increased  by  Madison  from 
October  24, 1808,  to  $2,000,  until  1810,  when  inadequate 
appropriations  compelled  its  reduction.  In  a  memo- 
rial to  the  House  of  Representatives,  dated  March  21, 
1818,  he  submitted  an  account  for  a  balance  due  him 
of  $4,186.18.3 

His  administration  was  marked  by  friction  with  the 
Secretary  and  inventors,  the  latter  charging  him  with 
discrimination  and  personal  interest  in  some  of  the 
patents  issued.  Among  the  most  vigorous  of  these 
complainants  was  Eobert  Fulton,  between  whom  and 

i  No  biography  of  Thornton  exists,  yet  one  would  be  an  interesting 
contribution  to  history.  He  was  the  author  of  erudite  pamphlets  on 
speech  and  the  origin  of  language,  and  invented  a  system  of  lip-reading. 
He  collaborated  with  John  Fitch  in  building  a  steamboat  and  invented 
the  boiler  which  made  Fitch's  boat  a  success.  He  stamped  his  genius 
in  architecture  upon  the  capitol.  He  was  a  pioneer  in  the  cause  of 
negro  emancipation  and  the  colonization  of  free  blacks  in  Africa.  A 
great  many  of  his  papers  are  in  the  Department  of  State,  especially 
among  the  applications  for  office,  and  the  papers  which  he  left  are  in 
the  Library  of  Congress. 

2  Thornton  to  J.  Q.  Adams,  September  15,  1820;  to  Jefferson, 
January  8,  1821;  to  Madison,  January  20,  1821.  Dept.  of  State  MSS., 
applications  for  office. 

3  Dept.  of  State  MSS.,  Miscl.  Letters. 


120  TEE  DEPARTMENT  OF  STATE 

Thornton  a  bitter  feud  arose.  Fulton,  in  a  letter  dated 
December  27,  1814,  wrote  the  Secretary,  asking  that 
patents  granted  Thornton  be  annulled,  as  they  were 
infringements  on  his  inventions  and  that  Thornton 
be  dismissed  from  office.1  On  December  23,  1814, 
Thornton  had  petitioned  for  a  patent  for  an  improve- 
ment in  the  application  of  steam  to  flutter  or  paddle 
wheels  on  the  sides  of  a  boat.  Fulton's  request  was 
granted  in  part,  and  Thornton  was  prohibited  from 
taking  out  any  patents  while  he  held  the  office  of 
Superintendent,  a  verdict  against  which  he  protested 
vigorously  and  which  was  withdrawn.2  He  described 
the  vexation  of  his  situation  in  a  letter  to  Secretary 
J.  Q.  Adams,  December  13,  1817,  saying: 

I  have  hopes  if  there  be  a  purgatory,  that  the  Superintend* 
of  the  Patent  office  will  be  exempt  from  many  sufferings  in 
consequence  of  the  dire  situation  he  has  experienced  on  earth.3 

The  method  of  procedure  required  the  applications 
to  be  made  to  the  Superintendent,  who  passed  upon 
them  and  then  submitted  the  question  of  issuing  the 
patents  to  the  Secretary  of  State,  and  applicants  who 
were  dissatisfied  with  the  Superintendent's  ruling 
appealed  from  them  to  the  Secretary  of  State.4 

Upon  Thornton's  death,  Thomas  P.  Jones  was 
appointed  the  Superintendent,  and  he  in  turn  was 
succeeded  by  Dr.  John  D.  Craig  in  1830.  Craig  was 
the  first  to  make  an  orderly  arrangement  by  subjects 
of  the  drawings  and  models  in  his  charge,  but  his 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 

2  Thornton  MSS.,  Lib.  Cong. 

3  Dept.  of  State  MSS.,  Miscl.  Letters. 
*  Ibid. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   121 

methods  of  business  were  so  irregular  that  an  official 
investigation  became  necessary  in  1833.  He  was 
censured  and  a  number  of  new  rules  for  conducting 
his  office  were  laid  down. 

In  1810,  by  Act  of  April  28,  Congress  authorized  the 
moving  of  the  office  to  a  new  building  which  was  to  be 
erected,  and  April  11,  1816,  President  Madison  recom- 
mended the  establishment  of  a  distinct  patent  office 
under  the  Department  of  State,  with  an  adequate 
salary  for  the  Director.1  Additional  quarters  were 
provided  for  in  1828,  and  in  1836  the  Patent  Office 
building  was  ordered  to  be  built.2 

The  title  of  Superintendent,  which  Thornton  held 
by  courtesy,  was  not  recognized  by  law  until  April  23, 
1830,  when  the  salary  was  fixed  at  $1,500.3  The  whole 
system  underwent  modification,  and  all  previous  acts 
were  repealed  by  the  Act  of  July  4, 1836,  which  created 
the  office  of  Commissioner  of  Patents,  under  the  I 
Department  of  State,  provided  for  a  chief  clerk, 
authorized  the  designing  and  using  of  a  separate  seal, 
and  specified  minutely  how  patents  were  to  be  applied 
for,  granted,  etc.  All  patents  were  to  be  signed  by 
the  Secretary  of  State,  and  countersigned  by  the 
Commissioner  of  Patents.4  In  1849,  when  the  Depart- 
ment of  the  Interior  was  formed,  the  Patent  Office 
became  a  part  of  it  and  all  the  records  were  trans- 
ferred as  the  act  required.     It  had,  for  all  practical 

1  Messages  and  Papers  of  the  President,  1 :  571. 

2  4  Stat.,  303,  V,  115. 

3  4  Stat.,  396. 

*  5  Stat.,  117,  et  seq. 


122  TEE  DEPARTMENT  OF  STATE 

purposes,  been  independent  of  the  Department  of 
State  for  some  years.  From  1790  to  1836  the  Secre- 
tary of  State  reported  annually  the  lists  of  patents  to 
Congress,  from  1836  to  1842  the  reports  were  made 
by  the  Commissioner  of  Patents,  and  after  1843,  until 
the  business  passed  to  the  Interior  Department,  the 
reports  included  the  claims  of  patents  granted.1 

The  control  of  the  federal  government  over  the 
granting  of  patents  was  given  by  the  eighth  section  of 
the  first  article  of  the  Constitution,  which  conferred 
upon  "Congress  the  power  to  promote  the  progress 
of  science  and  useful  arts  by  securing  for  limited  times, 
to  authors  and  inventors,  the  exclusive  right  to  their 
respective  writings  and  discoveries. ' '  Copyrights  and 
patents  were  thus  grouped  together,  and  the  former 
became  in  a  limited  degree  a  part  of  the  sometime 
duties  of  the  Department  of  State. 

In  1783  Connecticut,  New  York,  Massachusetts,  and 
New  Jersey,  in  the  order  named,  adopted  copyright 
laws,  and  in  1785  Virginia  and  Delaware,  but  the  other 
states  never  had  such  laws.2  Under  the  new  govern- 
ment the  system  was  regulated  by  the  Act  of  May  31, 
1790,3  requiring,  in  order  to  secure  copyright  of  a 
map,  chart  or  book,  first,  that  its  title  be  deposited  in 

1  On  the  subject  of  the  history  of  the  Patent  Office,  see  Official 
Gazette,  Vol.  12,  No.  15,  and  the  "Patent  System  of  the  United  States, 
a  History,"  by  Levin  H.  Campbell,  Washington,  1891;  also  Annual 
Keport  of  the  Commissioner  of  Patents,  1900,  VIII,  "The  American 
Patent  System." 

2  ' '  Origin  of  the  Copyright  Laws  in  the  United  States, "  in  A  col- 
lection of  Papers  on  Political,  Literary  and  Moral  Subjects,  by  Noah 
Webster,  pp.  173,  et  seq.,  New  York,  1843. 

3  1  Stat.,  125. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   123 

the  clerk's  office  of  the  United  States  District  Court 
where  the  person  in  interest  resided  and  the  record  of 
the  clerk  inserted  upon  the  first  or  second  page; 
second,  that  public  notice  be  then  given  in  the  news- 
papers; and  third,  that  within  six  months  a  copy  of 
the  publication  be  deposited  in  the  Department  of 
State  for  preservation.  The  copyright  was  to  run 
fourteen  years,  as  in  the  case  of  a  patent,  and  might 
be  renewed.  By  a  subsequent  act1  (April  29,  1802), 
the  provisions  were  extended  to  engraved  prints.  In 
18312  (Act  of  February  3),  musical  compositions  were 
included,  and  the  clerks  of  the  courts  were  ordered  to 
transmit  at  least  once  a  year  to  the  Secretary  of  State 
certified  lists  of  all  copyrights  granted  by  them  and 
copies  of  the  books  or  works  for  preservation  in  the 
Department.  It  was  thus  never  more  than  the  place 
of  deposit  of  copyrighted  works  and  of  the  records. 
A  book,  when  transmitted  directly  by  an  author,  was 
usually  accompanied  by  a  letter,  of  which  the  following 
is  an  example : 

Boston,  Jany.  2,  1819. 
Dear  Sir, 

I  have  transmitted  a  Copy  of  a  Spelling  Book  which  I  have 
just  published,  which  I  wish  to  have  deposited  in  your  office, 
according  to  Law,  to  secure  the  Copyright.  I  have  also  taken 
the  liberty  to  send  you  a  copy  which  I  hope  will  meet  with 
your  approbation — if  it  should,  I  should  feel  myself  under 
great  obligation,  to  have  you  make  its  merits  known. 

I  remain  with  due  respect  &  Esteem,  Your  friend, 

&  humble  serv* 

Isaiah  Thomas,  Jr. 

i  2  Stat.,  171. 
2  4  Stat,  436. 


124  THE  DEPARTMENT  OF  STATE 

The  Act  of  February  5,  1859,1  ordered  that  all  the 
"  books,  maps,  charts,  and  other  publications  of  every 
nature  whatever"  deposited  in  the  Department  of 
State,  together  with  all  the  records  in  regard  to  them, 
should  be  removed  to  the  Department  of  the  Interior 
and  henceforth  be  under  its  control.  This  terminated 
the  Department's  connection  with  this  branch  of  the 
government's  business.  It  remained  with  the  Interior 
Department  until  by  the  Act  of  July  8,  1870,  it  passed 
under  the  control  of  the  Librarian  of  Congress.2 

The  second  section  of  article  I  of  the  Constitution 
required  that  an  enumeration  of  the  inhabitants  of 
the  United  States  be  made  within  three  years  after 
the  meeting  of  the  first  Congress,  and  the  first  census 
was,  accordingly,  ordered  by  the  Act  of  March  1, 1790,3 
to  be  made  by  the  several  United  States  marshals,  who 
had  power  to  appoint  as  many  assistants  as  they  might 
deem  necessary.  The  enumeration  was  to  begin  on 
the  first  Monday  in  August  and  to  close  within  nine 
months.  The  marshals  were  to  file  the  returns  with 
the  several  clerks  of  the  federal  district  courts  for 
preservation  and  forward  the  aggregate  results  of 
the  enumeration  to  the  President.  Each  assistant 
marshal  was  required,  before  sending  his  report  to 
the  marshal,  to  cause  a  signed  copy  of  it  to  be  posted 
in  the  most  conspicuous  places  in  the  district  for 
public  inspection.  The  President  sent  the  returns  to 
Congress,  and  they  were  ordered  to  be  printed  under 

i  11  Stat.,  380. 
2  16  Stat.,  212. 
s  1  Stat.,  101. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   125 

the  supervision  of  the  Secretary  of  State.  The  first 
printed  census  bore  an  indorsement  dated  October  24, 
1791,  which  said  it  was  ' '  truly  stated  from  the  original 
returns  deposited  in  the  office  of  the  Secretary  of 
State."  The  volume  had  been  prepared  for  the  press 
by  the  Department,  by  which  also  it  was  distributed. 
The  marshals  occasionally  asked  for  and  received 
instructions  on  the  subjects  of  their  duties  from  the 
Department.  The  authority  of  the  Secretary  of  State 
was  increased  by  the  law  authorizing  the  second  census 
(February  28,  1800 ),*  the  clerks  of  the  district  courts 
being  required  to  send  the  returns  directly  to  him. 
He  was  also  required  to  furnish  necessary  instructions 
to  the  marshals. 

The  first  two  censuses  were  a  bare  enumeration  of 
the  population.  In  the  schedule  of  1790  there  were 
but  six  inquiries.  These  were,  "  names  of  heads  of 
families,"  "free  white  males  of  sixteen  years  and 
upwards,  including  heads  of  families,"  "free  white 
females,  including  heads  of  families,"  "all  other  free 
persons,"  "slaves."  The  schedule  of  1800  had  four- 
teen subdivisions,  providing  a  more  minute  enumera- 
tion by  ages,  and  an  inquiry  covering  "all  other  free 
persons,  except  Indians,  not  taxed."  In  the  census 
of  1810  the  first  attempt  was  made  to  obtain  statistics 
of  manufactures  by  a  separate  schedule  with  upwards 
of  sixty-eight  subdivisions,  "cotton  manufacturing 
establishments,"  "cotton  duck,"  "hempen  manufac- 
turing establishments,"  etc.  This  part  of  the  census 
was,  however,  under  the  supervision  of  the  Secretary 

i  2  Stat.,  11. 


126  THE  DEPARTMENT  OF  STATE 

of  the  Treasury.  It  was  repeated  in  the  census  of 
1820  (Act  of  March  14),  but  put  "under  the  direction 
of  the  Secretary  of  State,  and  according  to  such 
instructions  as  he  shall  give,  and  such  forms  as  he 
shall  prescribe."  The  population  schedule  of  this 
census  provided  for  an  enumeration  of  "  foreigners 
not  naturalized. ' ' 

The  circular  instructions  issued  to  the  marshals 
June  20,  1820,  by  J.  Q.  Adams  were  long  and  minute 
and  were  accompanied  by  full  schedules  which  were 
to  be  used.  The  purposes  of  Congress  in  passing  the 
law  were,  according  to  the  circular,  not  only  to  obtain 
the  aggregate  amount  of  the  population  of  the  United 
States,  but  also 

to  ascertain  in  detail  the  proportional  numbers  of  which  it 
is  composed,  according  to  the  circumstances  of  sex,  color, 
age,  condition  of  life,  as  heads  or  members  of  families,  as 
free  or  slaves,  as  citizens  or  foreigners,  and  particularly  of 
the  classes,  (including  slaves)  engaged  in  Agriculture, 
Commerce,  and  Manufactures — And,  also,  to  obtain  an 
account  of  the  manufacturing  establishments,  and  their 
manufactures,  throughout  the  United  States.1 

The  census  of  1830  omitted  the  manufacturing 
statistics,  but  they  were  restored  in  the  schedule  of 
1840.  There  was  also  a  schedule  of  "universities  or 
colleges,"  "number  of  students,"  "academic  and 
grammar  schools,"  "number  of  scholars,"  "primary 
and  common  schools,"  "number  of  scholars,"  "num- 
ber of  scholars  at  public  charge,"  "number  of  white 
persons  over  20  years  of  age  who  cannot  read  and 

i  Circulars,  Vol.  1,  No.  15,  Dept.  of  State. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT  127 

write."  Following  is  a  description  of  the  census 
publications  as  long  as  they  were  issued  by  the 
Department  of  State  and  of  the  cost  of  each  census. 

1790.  "Return  of  the  whole  number  of  persons  within  the 
several  districts  of  the  United  States,  &c."  The  first  census 
publication  was  an  octavo  pamphlet  of  fifty-two  pages, 
published  in  1792.  The  entire  cost  of  this  census  was 
$44,377.18. 

1800.  "Return  of  the  whole  number  of  persons  within 
the  several  districts  of  the  United  States,  &c."  This  was  a 
folio  of  seventy-eight  pages,  published  in  1801.  The  cost  of 
this  census  was  $66,609.04. 

1810.  The  report  of  this  census  was  in  two  folio  volumes: 
I.  "Aggregate  amount  of  each  description  of  persons  within 
the  United  States,  &c. "  This  was  an  oblong  folio  of  ninety 
pages;  but  it  does  not  show  the  date  of  publication.  II.  "A 
series  of  tables  of  the  several  branches  of  American  Manu- 
factures, exhibiting  them  in  every  County  of  the  Union,  so 
far  as  they  are  returned  in  the  Reports  of  the  Marshals  and 
of  the  Secretaries  of  the  Territories,  and  of  their  respective 
assistants,  in  the  autumn  of  the  year  1810;  together  with 
returns  of  certain  doubtful  goods,  productions  of  the  soil 
and  agricultural  stock,  so  far  as  they  have  been  received." 
170  pp.,  4to.  Edited  by  Tench  Coxe,  and  published  May  30, 
1813.    The  cost  of  the  census  of  1810,  $178,444.67. 

1820.  I.  "Census  of  1820,  &c,"  a  folio  of  one  hundred 
and  sixty-four  pages;  published  in  1821.  II.  "Digest  of 
Accounts  of  Manufacturing  Establishments,  &c,"  a  folio  of 
one  hundred  pages,  printed  in  1823.  Cost  of  the  census, 
$208,525.99. 

1830.  "Fifth  Census  or  Enumeration  of  the  Inhabitants 
of  the  United  States."  This  volume  was  a  large  folio  of  163 
pages,  printed  in  1832.  This  report  was  so  wretchedly 
printed,  that  Congress  required  by  law  a  republication,  which 
was  made  the  same  year  under  the  immediate  direction  of 


128  THE  DEPARTMENT  OF  STATE 

the  Secretary  of  State.  The  erroneous  and  corrected  editions 
are  bound  together.  This  republication  enhanced  the  cost 
of  this  census  to  $378,543.13. 

1840.  I.  ''Compendium  of  the  Enumeration  of  the  Inhabi- 
tants and  Statistics  of  the  United  States,"  a  folio  of  379 
pages,  printed  in  1841.  II.  "Sixth  census  or  Enumeration 
of  the  Inhabitants  of  the  United  States,"  folio  of  470  pages, 
1841.  III.  "Statistics  of  the  United  States,  &c,"  a  large, 
oblong  folio  of  410  pages,  1841.  IV.  "Census  of  pensioners 
for  Revolutionary  and  Military  Service,  with  their  names, 
ages,  and  places  of  residence,  &c."    4to,  196  pages. 

The  total  cost  of  these  censuses  was  $844,370.95 l 

The  Act  of  May  23,  1850,  transferred  the  taking  of 
the  census  of  that  year  to  the  Department  of  the 
Interior,  under  whose  supervision  it  remained2  until, 
on  July  1,  1903,  it  passed  to  the  new  Department  of 
Commerce  and  Labor,3  and  later  to  the  Department 
of  Commerce. 

Although  the  office  of  Attorney-General  was  estab- 
lished in  1789  (Act  of  September  24),  he  was  given  no 
office  of  his  own,  as  it  was  supposed  that  his  duties 
for  the  government  would  only  occupy  a  part  of  his 
time.  His  public  office  was  his  private  law  office  also, 
but  so  far  as  he  had  a  public  office  it  was  in  the 
Department  of  State,  until  in  1818  an  office  was  given 
him  by  Congress.  The  federal  judges,  marshals  and 
attorneys  corresponded  with  the  Secretary  of  State, 

1  Report  of  Committee  on  the  Ninth  Census,  to  the  House  of  Repre- 
sentatives, by  Mr.  Garfield,  January  18,  1870,  41st  Cong.,  2d  Session. 

2  9  Stat.,  428. 

3  See  "  History  and  Growth  of  the  U.  S.  Census, ' '  by  Carroll  D. 
Wright  and  William  C.  Hunt,  Senate  Doc.  No.  194,  56th  Cong.,  1st 
Session,  1899-1900. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT  129 

and  the  two  latter  received  instructions  from  him,  and 
were  not  under  the  law  under  the  authority  of  the 
Attorney-General.  Thus,  on  July  27, 1801,  the  attorney 
for  Georgia  transmitted  a  report  of  the  cases  which 
had  been  instituted  and  decided  and  which  were  still 
pending  in  the  United  States  circuit  court;  on  March 
7,  1791,  the  attorney  for  Maryland  reported  on  the 
laws  of  that  state  which  might  be  construed  as  con- 
flicting with  the  treaty  between  the  United  States  and 
Great  Britain;  the  attorney  for  Pennsylvania  on 
March  7,  1791,  reported  that  Henry  Smith,  a  counter- 
feiter, then  in  jail,  desired  to  give  information  concern- 
ing counterfeiting  if  he  might  receive  a  pardon,  and 
asked  for  the  President's  instructions  in  the  premises; 
on  August  24,  1793,  the  attorney  for  Massachusetts 
reported  concerning  the  fitting  out  of  French  priva- 
teers. The  correspondence  with  the  marshals  was 
similar  to  that  with  the  attorneys.  Thus,  on  December 
1,  1790,  the  marshal  for  New  York  asked  for  leave  of 
absence  to  visit  Europe ;  the  marshal  for  Pennsylvania 
reported  December  3,  1790,  that  a  fine  had  been 
imposed  upon  Shubael  Swain  for  attempting  to 
defraud  the  revenue  of  the  United  States;  on  April 
17,  1813,  the  marshal  for  Georgia  sent  the  petition  of 
John  McNish,  an  alien,  for  permission  to  remain  at 
Savannah.  The  judges  were,  of  course,  under  no 
obligations  to  report  to  the  Secretary  of  State  and 
did  so  only  occasionally  and  without  system.  Thus, 
the  judge  for  Pennsylvania  wrote  on  December  12, 
1791,  recommending  the  pardon  of  William  Jones ;  on 
December    24,    1812,    the    judge    for    Massachusetts 


130  THE  DEPARTMENT  OF  STATE 

inclosed  a  copy  of  the  evidence  presented  in  the  trial 
of  Samuel  Tully  and  John  Dalton  for  piracy;  the 
judge  for  Maryland  on  November  9,  1790,  introduced 
Joseph  Clark,  who  had  plans  for  laying  out  a  federal 
city.1  Most  of  the  judges  did  not  write  to  the  Depart- 
ment on  official  matters  connected  with  their  duties  at 
all.  It  was  not  until  the  creation  of  the  Department 
of  Justice  in  1870  that  the  marshals  and  attorneys 
ceased  to  report  to  the  Department  of  State. 

By  executive  order  of  President  Cleveland,  June  16, 
1893,  the  making  out  of  pardons  for  persons  convicted 
of  crimes  against  the  laws  of  the  United  States  was 
transferred  to  the  Department  of  Justice,  the  order 
reading : 

I  hereby  direct  that  all  warrants  of  pardons  and  commu- 
tations of  sentences  heretofore  prepared  at  the  Department 
of  State  on  the  requisition  of  the  Attorney  General,  be 
prepared  and  recorded  in  the  Department  of  Justice  under 
the  seal  of  that  Department  and  countersigned  by  the 
Attorney  General. 

Grover  Cleveland. 
Executive  Mansion, 

Washington,  June  16,  1893.2 

This  marked  the  termination  of  the  Department's 
connection  with  executive  pardons.  Up  to  1850  all 
the  petitions  for  pardon  had  been  received  by  the 
Secretary  of  State,  and  he  had  examined  them  and 
made  recommendations  which  the  Attorney-General 

1  The  letters  may  be  found  under  their  respective  dates  in  the  Dept. 
of  State  MSS.,  Miscl.  Letters. 

2  Dept.  of  State  MSS.,  Misel.  Letters. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   131 

participated  in,  when  the  papers  were  sent  to  the 
President  for  his  decision  whether  or  not  a  warrant 
for  pardon  should  issue.  In  1850  the  President 
directed  that  the  petitions  be  sent  to  the  Attorney- 
General  and  thereafter  his  was  the  chief  agency  in 
the  matter.  Many  of  the  papers  were  still,  however, 
sent  to  the  Secretary  of  State,  until  the  formation  of 
the  Department  of  Justice  in  1870.  Thereafter,  until 
Mr.  Cleveland's  order  cited  above,  the  Department  of 
State  merely  acted  in  an  administrative  capacity  for 
the  Department  of  Justice.  Upon  requisition  of  the 
Attorney-General  the  warrants  were  written  in  the 
Department  of  State  and  sent  to  the  President  for 
his  signature,  being  afterwards  countersigned  by  the 
Secretary  of  State  and  the  great  seal  affixed,  when 
the  warrant  was  sent  to  the  Department  of  Justice.1 

The  supervision  of  territorial  affairs  also  fell  to 
the  Department,  there  being  no  other  superintendence 
provided  by  law.  The  "Territory  of  the  United 
States  Northwest  of  the  River  Ohio"  was  organized 
by  the  ordinance  of  July  13,  1787,2  and  the  governor 
sent  reports  of  his  proceedings  to  Congress,  from 
whom  he  also  took  instructions.  The  form  of  govern- 
ment of  the  territory  was  continued  by  the  Act  of 
August  7,  1789,3  the  reports  to  be  made  to  the  Presi- 
dent,   who    was    also    given    the    power    to    appoint 

i  See  for  the  history  of  the  Department  of  Justice,  The  Department 
of  Justice;  its  History  and  Functions,  by  James  S.  Easby-Smith, 
Washington,  3904. 

2  1  Stat.,  51  n. 

3  1  Stat.,  50. 


132  THE  DEPARTMENT  OF  STATE 

territorial  officers.     The  method  pursued  is  indicated 
by  the  following : 

Territory  of  the  United  States 
Northwest  of  the  Ohio. 

Marietta  the  15th  of  January,  1789. 
Sir 

Six  months  having  elapsed  since  the  Commencement  of 
Government  in  this  Territory  it  becomes  incumbent  upon 
me  to  make  to  you  any  Official  Communication  agreeably  to 
the  Resolves  of  the  honorable  Congress.  And  I  do  myself  the 
honour  of  transmitting  to  you  by  this  opportunity  authentic 
Copies  of  all  Laws,  Acts  and  Public  Records  from  the  9th  of 
July  1788  to  the  1st  of  December  inclusive. 

I  conceive  it  also  my  Duty  to  announce  to  you  the  Death 
of  the  honourable  Judge  Varnum,  who  departed  this  Life  on 
the  6tn  Instant,  much  lamented  by  all  his  Friends.  On  the 
13th  he  was  buried  with  military  honours  &  every  attention 
&  mark  of  Respect. 

Very  many  of  the  Indian  Chiefs  were  of  the  Procession  & 
conducted  themselves  with  all  the  Decency  of  a  civilized 
People. 

I  have  the  honor  &c. 

Winthrop  Sargent. 
Charles  Thompson,  Esq. 

This  is  indorsed:  "Aug.  35th,  1789,  transmitted  a 
copy  of  this  letter  and  the  original  papers  enclosed 
to  the  President  of  the  U.  S.,  E.  Alden."1 

In  this  case  it  will  be  observed  the  Secretary  of  the 
Territory  was  not  advised  of  the  new  authority. 
After  it  was  known  to  him  he  directed  his  communica- 
tions to  the  President,  to  whom  he  sent  full  reports 

1  Dept.  of  State  MSS.,  Papers  and  Records  of  the  Territories,  I. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   133 

of  all  territorial  acts  and  transactions,  also  asking  for 
directions  when  he  needed  them. 

Vincennes  29™  July  1790 
Sir 

Mr.  Joseph  St.  Marie  a  citizen  of  Vincennes  of  good 
Character,  has  made  Representation  to  me  of  a  Seizure  upon 
his  Property  by  an  officer  of  his  Catholic  Majesty,  and  within 
what  is  understood  to  be  the  Territory  of  the  United  States — 
which  I  beg  leave  to  lay  before  your  Excellency. 

With  very  great  respect  &c. 

Winthrop  Sargent 
The  President  of  the  United  States.1 

All  of  these  papers  were  sent  to  the  Secretary  of 
State  and  he  executed  the  President's  directions  with 
reference  to  them. 

In  17902  (Act  of  May  26)  the  Territory  Southwest 
of  the  River  Ohio  was  created  under  substantially  the 
same  system  as  the  northwest  territory,  and  the 
Secretary  of  State  sent  the  commission  to  William 
Blount,  the  first  governor,  who  reported  directly  to 
him. 

Territory  of  the  United  States  of 
America  South  of  the  river  Ohio. 

at  William  Cobbs,  Feby.  17™  1791. 
Sir, 

I  had  the  honor  to  receive  on  the  first  instant  a  copy  of 
the  acts  of  the  Second  Session  of  Congress  addressed  to  me 
from  your  office.  I  have  now  the  honor  to  inform  you  that 
in  December  I  appointed  and  commissioned  the  necessary 
officers  both  civil  and  military  in  the  counties  of  Davidson, 

1  Dept.  of  State  MSS.,  Papers  and  Eecords  of  the  Territories,  I. 

2  1  Stat.,  123. 


134  THE  DEPARTMENT  OF  STATE 

Sumner  and  Tennessee,  which  form  the  District  of  Mero. 
The  people  of  that  district  also  appeared  much  pleased  with 
the  change  of  government. 

The  Superior  court  for  the  District  of  Washington  is  now 
sitting,  Judges  Campbell  and  McNairy  are  present.  Whether 
Mr.  Perry  accepts  of  his  appointment  or  not,  I  am  uninformed. 

I  am  sir  &c, 

Wm  Blount. 
Thomas  Jefferson  Esquire 

Secretary  of  State.1 

Another  letter  from  Blount,  dated  July  17,  1791, 
shows  that  the  Secretary  of  State  had  instructed  him 
with  reference  to  the  census. 

I  had  the  honor  to  receive  your  letter  of  the  12tn  March  on 
the  19th  day  of  May  and  had  before  recommended  the  Census 
to  be  taken  in  every  County  in  the  territory  by  the  Captains 
of  militia  each  to  take  the  numbers  within  the  limits  of  the 
district  of  his  Company  under  the  directions  of  the  Respective 
Colonels,  &c. 

On  December  9,  1791,  he  asked  for  instructions 
relative  to  claiming  for  the  United  States  the  lands 
between  the  lines  run  by  the  Virginia  and  North 
Carolina  commissioners.2 

When  Louisiana  was  bought,  the  reports  from  the 
Territory  came  directly  to  the  Secretary  of  State. 

New  Orleans  Decr  27™  1803 
Sir 

Since  my  last  I  have  been  as  busily  engaged  as  circum- 
stances would  admit,  in  making  such  arrangements  of  this 
province  as  I  esteemed  most  consonant  to  the  intentions  of 

1  Dept.  of  State  MSS.,  Papers  and  Eecords  of  the  Territories,  I. 

2  Ibid. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   135 

the  President  and  the  expectations  of  the  inhabitants.  The 
difficulties  I  met  with  in  this  undertaking  are  peculiarly 
embarrassing  on  account  of  the  neglected  state  in  which  I 
found  the  colony.  The  functions  of  government  have  been 
nearly  at  a  stand  for  some  time,  and  considerable  arrears  of 
business  accumulated  in  every  department.1 

Governor  Claiborne  then  gave  a  full  account  of  his 
proceedings. 

As  other  territories  were  formed  the  same  methods 
prevailed.  The  Secretary  of  State,  under  the  Presi- 
dent, was  the  fountain  head  to  whom  the  territorial 
officers  were  responsible  and  he  directed  their  conduct. 
This  was  the  status,  until,  by  Act  of  March  1,  1873,  it 
was  ordered: 

That  the  Secretary  of  the  Interior  shall  hereafter  exercise 
all  the  powers  and  perform  all  the  duties  in  relation  to  the 
Territories  of  the  United  States  that  are  now  by  law  or  by 
custom  exercised  and  performed  by  the  Secretary  of  State.2 

Similar  to  the  territorial  duties  but  less  extensive 
were  those  which  the  Department  exercised  with  refer- 
ence to  the  island  of  Porto  Rico,  when  it  passed  under 
American  control  in  consequence  of  the  recent  war 
with  Spain.  As  long  as  it  was  under  military  occupa- 
tion by  the  army,  the  supervision  was  under  the  War 
Department,  but  the  Act  of  April  12,  1900,  providing 
a  civil  government,  required  that  the  governor  should 
make  official  report  of  the  transactions  of  the  govern- 
ment to  the  President,  through  the  Secretary  of  State, 
and  the  governor  used  the  Department  of  State  as  a 

i  Dept.  of  State  MSS.,  Governor  Claiborne 's  Correspondence  Relative 
to  Louisiana,  I. 
2  17  Stat.,  484. 


136  TEE  DEPARTMENT  OF  STATE 

clearing  house  in  his  transactions  with  the  federal 
government.  The  correspondence  was  not  extensive, 
however,  and  the  government  of  the  island  was  largely 
independent  of  the  general  government.  For  greater 
convenience,  because  the  territories  were  under 
general  supervision  of  the  Interior  Department, 
President  Eoosevelt  required  that  Porto  Rican  affairs 
should  pass  to  the  same  quarter.  The  governor  still 
continued,  however,  to  make  his  reports  through  the 
Secretary  of  State,  as  the  law  specifically  required 
his  doing  so,  but  the  Act  of  July  15,  1909,  provided 
that  the  report  of  the  governor,  and  any  other  reports 
required  from  the  officials  of  the  island,  should  be 
made  to  such  Department  as  the  President  might 
designate,  and  by  an  executive  order  of  the  same  date 
as  the  approval  of  the  act  he  designated  the  War 
Department.  The  connection  of  the  Department  of 
State  with  the  affairs  of  Porto  Eico  has,  accordingly, 
entirely  ceased. 

The  management  of  the  sales  of  public  lands, 
although  intimately  related  to  territorial  affairs,  was 
under  the  Treasury  Department,  as  it  pertained  to 
the  revenue  of  the  United  Statos,  but  the  Secretary 
of  State  was  required  by  the  Act  of  May  18,  17961 
(section  7),  to  countersign  the  land  patents  and  record 
them  in  his  office,  and  this  ministerial  duty  he  con- 
tinued to  perform  till  the  Act  of  April  25,  1812,2 
created  the  General  Land  Office  in  the  Treasury 
Department  directing  that  all  duties  which  the  Secre- 

i  1  Stat.,  468. 
2  2  Stat.,  716. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   137 

tary  of  State  had  performed  with  reference  to  the 
public  lands  be  transferred  to  the  new  office  and  all 
the  records  also.  One  clerk,  paid  $1,400  per  annum, 
who  had,  as  it  would  appear,  had  charge  of  this  part 
of  the  Department's  business,  was  transferred  at  the 
same  time.1  The  claims  to  land  lying  south  of 
Tennessee  and  west  of  Georgia,  known  as  the  "Yazoo 
lands,"  were  required  by  the  Act  of  March  3,  1803, 
to  be  decided  upon  by  boards  of  commissioners  in  the 
territories,  and  the  books  and  papers  on  the  dissolution 
of  the  boards  were  "to  be  transmitted  to  and  lodged 
in  the  office  of  the  Secretary  of  State. ' ,2  Accordingly, 
his  office  became  the  depository  of  the  records  and  the 
patents  were  issued  and  recorded  by  him.  Under 
section  8  of  the  act  certain  lands  were  set  aside  to 
compensate  persons  for  claims  to  lands  received  from 
the  state  of  Georgia,  provided  the  evidence  of  the 
claims  was  presented  to  the  Secretary  of  State  and 
recorded  by  him,  the  claimant  paying  the  clerk 
employed  by  the  Secretary  of  State  to  do  the  recording 
twelve  and  a  half  cents  for  every  hundred  words 
recorded.  The  manner  of  recording  is  indicated  by 
the  following  extract : 

Admitted  to  record  18  June  1803.    D.  B.3 

This  Indenture  made  the  twentieth  day  of  July,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety 
eight  between  of  the  City  of  Augusta  in  the  States 

of  Georgia,  attorney  at  Law,  of  the  one  part  and 
of   the   same   place   merchant   of   the   other.     Whereas   the 

i  2  Stat.,  718. 

2  2  Stat.,  231. 

3  Daniel  Brent,  Chief  Clerk  of  the  Department. 


138  THE  DEPARTMENT  OF  STATE 

Grantees  of  the  Georgia  Mississippi  Company  did  lately 
make  a  deed  unto  the  said  for  the  purposes  and  to 

the  effect  following,  that  is  to  say  [follows  the  deed  from 
the  State  of  Georgia] 

And  whereas  the  said  is  a  holder  of  script  or 

Treasury  certificates  for  the  subscription  of  citizens  in  the 
said  Georgia  Mississippi  Company's  purchase  to  the  amount 
of  one  hundred  and  ten  thousand  and  seventy  four  acres, 
now  this  Indenture  witnesseth,  etc.1 

Under  section  9  of  the  act  the  Secretary  of  State, 
Secretary  of  the  Treasury,  and  Attorney-General  were 
authorized  to  receive  offers  of  compromise  and  settle- 
ment from  companies  and  persons  claiming  public 
lands  in  the  territory  in  question  and  report  their 
opinion  to  Congress  at  the  next  session.  The  evidence 
was  received  by  commissioners  acting  for  the  board 
and  a  report  sent  to  Congress,  but  thereafter  there 
was  no  action  taken  until  the  Act  of  March  31,  1814,2 
provided  that  those  who  had  filed  the  evidence  should 
have  till  January  1,  1815,  to  file  legal  releases  to  the 
United  States  of  all  their  claims.  The  Department 
received  the  releases,  which  are  now  of  record. 

The  commissioners  who  were  appointed  under  this 
act  conceived  themselves  to  be  appurtenant  to  the 
Department,  as  the  following  letter  indicates : 

Washington  March  11th  1815. 
Sir: 

The  8th  Section  of  the  act  of  Congress  of  March  3<*  1803 
(6  Vol.  Laws  U.  S.  p.  282)    requiring  the  evidence  of  all 

i  Dept.  of  State  MSS.,  Lands  South  of  Tennessee,  Vol.  1. 
2  3  Stat.,  117. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   139 

claims  under  the  act  or  pretended  act  of  Georgia  to  be 
recorded  in  the  Secretary  of  State's  office,  a  doubt  may  arise, 
whether  the  deeds  &  documents  which  have  been  filed  with 
us,  without  having  been  previously  deposited  in  your  office 
could  be  considered  as  a  compliance  with  the  provisions  of 
the  act.  We  would  therefore  suggest  the  propriety  of  the 
performance  of  some  act  on  your  part,  which  would  give  the 
evidences  of  claims  filed  with  us  the  same  effect  that  they 
would  have  if  filed  previously  in  your  office.  A  declaration 
from  you  that  the  session  chamber  of  the  board  of  Commis- 
sioners shall  be  deemed  a  part  of  your  office — or  an  authority 
given  to  a  clerk  in  your  office  to  take  possession  temporarily 
of  the  paper  deposited  with  us,  would  in  our  opinion  suffi- 
ciently answer  the  provisions  of  the  law.  "We  beg  leave  to 
call  your  attention  to  this  subject,  with  apologies  for  this 
intrusion  &  are  with  respect 

Yr  ob*  h^e  serv*s 

Tho  Swann 


f   Com™ 
John  Law 


The  Honorable  James  Monroe. 


The  certificate  given  by  the  state  of  Georgia  sur- 
rendered to  the  Secretary  of  State  was  in  the 
following  form: 

(Admitted  to  record  24  Nov.  1803 ) 

State  of  Georgia.  No.  383 

In  pursuance  of  an  Act  of  the  Legislature  of  the  State 
aforesaid,  passed  at  Augusta  on  the  seventh  day  of  January, 
one  thousand  seven  hundred  and  ninety-five,  vesting  in  the 
Subscribers  a  certain  tract  of  Territory  of  the  said  State, 
lying  on  the  Great  Bent  of  the  River  Tennessee,  as  fully 
described  in  said  Act:  We  hereby  certify,  That  or 

his  Assigns,  is  entitled  to  the  one  four  hundred  and  twentieth 
part  of  said  Territory ;  Provided,  the  sum  of  one  four  hundred 

i  Dept.  of  State  MSS.,  Lands  South  of  Tennessee  (unbound  papers). 


140  THE  DEPARTMENT  OF  STATE 

and  twentieth  part  of  the  full  purchase  money  for  said 
Territory  is  paid  unto  or  his  Agent  on  or  before 

the  first  day  of  August  next  ensuing,  when  a  Deed  of  Convey- 
ance will  be  issued  in  lieu  of  this  certificate,  to  the  said  Act. 
And  in  case  the  said  or  his  assigns,  should  fail  in 

paying  the  sum  above  specified,  then  this  Certificate  is 
declared  by  the  Subscribers  to  be  null  and  void.  Dated  at 
Augusta,  this  twenty-fifth  day  of  February  one  thousand 
seven  hundred  and  ninety-five. 


Endorsed : 

August  27th  February  1795 
Received  the  full  consideration  for  the  within,  Say  the  one 
four  hundred  and  twentieth  part  of  the  purchase  money  as 
within  specified. 


The  releases  made  to  the  United  States  were  regular 
indentures,  as  follows: 

This  indenture  made  this  eleventh  day  of  March  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifteen 
between  and  of  the  Town  of  Abingdon  in 

the  County  of  Washington  and  State  of  Virginia  by 
their  attorney  of  the  first  part  and  the  United   States   of 
America  of  the  second  part. 

Whereas,  by  an  act  of  the  Congress,  &c. 

Therefore,  the  parties  of  the  first  part  conveyed  all  rights 
and  claims  to  the  parcel  of  land  described  to  the  United 
States.2 

The  Department's  management  of  affairs  which  are 
now  under  the  Treasury  Department  has  not  been 

1  Dept.  of  State  MSS.,  Lands,  Vol.  II. 

2  Dept.  of  State  MSS.,  Lands  South  of  Tennessee,  Vol.  9. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   141 


extensive,  that  Department  having  been  organized  as 
soon  as  the  Department  of  State. 

Section  4  of  the  Act  of  March  2,  1819,1  however, 
provided  that  each  vessel  arriving  in  the  United 
States  must  report  to  the  collector  of  the  district  in 
which  it  arrived  a  list  of  all  the  passengers  on  the 
ship,  and  the  collector  was  required  to  send  quarterly- 
returns  of  these  manifests  to  the  Secretary  of  State, 
by  whom  the  statements  of  passengers  thus  landed 
were  sent  to  Congress.  This  requirement  was  repeated 
by  section  13  of  the  Act  of  March  3, 1855,2  and  repealed 
by  the  Act  of  May  7,  1874,3  which  provided  that  the 
manifests  or  lists  of  passengers  should  be  sent  to  the 
Secretary  of  the  Treasury.  The  Secretary  of  State 
had  carried  on  direct  correspondence  with  the  col- 
lectors with  reference  to  the  lists  and  each  year  had 
sent  them  to  Congress ;  his  duties  went  no  further. 

July  4,  1864,4  an  act  was  approved  to  encourage 
immigration  into  the  United  States,  and  the  first 
section  provided  that  the  President  should  appoint 
a  commissioner  of  emigration,  who  should  be  subject 
to  the  direction  of  the  Secretary  of  State,  with  a 
salary  of  $2,500  per  annum,  and  be  allowed  three 
clerks.  Under  him  was  to  be  the  superintendent  of 
immigration  at  New  York.  On  the  day  of  the  signa- 
ture of  the  act,  James  Brown  of  New  York  was 
appointed   the   commissioner.      For    four   years    the 

i  3  Stat.,  489. 

2  10  Stat.,  719. 

3  18 -Stat,  42. 
*  13  Stat.,  385. 


142  THE  DEPARTMENT  OF  STATE 

Bureau  of  Immigration  continued  under  the  State 
Department,  but  by  Act  of  March  30, 18681  (Section  4), 
it  was  abolished  and  not  revived  till  the  Act  of  March 
3,  1891,2  placed  it  under  the  Treasury  Department, 
from  which  it  passed  to  the  Department  of  Commerce 
and  Labor  when  that  Department  was  created  and 
then  to  the  Department  of  Labor. 

The  Act  of  March  2,  1799,  required  that  the  Secre- 
tary of  State  lay  before  Congress,  within  ten  days 
after  the  commencement  of  each  ordinary  session,  an 
annual  statement  containing  an  abstract  of  all  returns 
received  by  him  from  collectors  of  customs  at  the 
various  ports  and  from  American  agents  abroad 
concerning  impressments  of  American  seamen.  This 
followed  the  Act  of  May  28,  1796,  requiring  the 
President  to  appoint  an  agent  to  reside  in  Great 
Britain  and  one  to  reside  elsewhere  abroad  to  report 
on  impressments  of  American  seamen  and  afford  them 
relief;  and  American  ships  were  ordered  to  report 
impressments  to  collectors  on  their  arrival  in  this 
country  and  to  American  consular  officers  abroad,  and 
to  send  duplicates  of  their  lists  to  the  Secretary  of 
State,  the  collectors  being  required  to  send  lists  every 
three  months.3  The  Department's  duties  were  only 
supervisory;  but  it  sent  the  lists  annually  up  to  the 
War  of  1812,  when  this  part  of  its  functions  ceased. 

The  Department  had  the  duty  of  publishing  the 
Biennial  Register  or  Blue  Book.    It  was  first  author- 

i  15  Stat.,  58. 
2  26  Stat,  1084. 
s  1  Stat, 477, 731. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   143 

ized  by  a  joint  resolution  of  the  Senate  and  House, 
approved  April  27,  1816,1  requiring  that  once  in  two 
years  a  register,  containing  correct  lists  of  all  officers 
and  agents,  civil,  military,  and  naval,  in  the  service 
of  the  United  States,  made  up  to  the  last  day  of 
September  of  each  year  in  which  a  new  Congress  is 
to  assemble,  be  compiled  and  printed  under  the 
direction  of  the  Secretary  of  State.  The  heads  of 
other  departments  were  ordered  to  lodge  their  lists 
with  him  in  due  season,  and  the  Secretary  of  the  Navy 
to  include  the  names,  force,  and  condition  of  all  ships 
and  vessels  belonging  to  the  United  States.  Five 
hundred  copies  of  the  Register  were  to  be  printed, 
and  on  the  first  Monday  in  January  in  each  year  when 
a  new  Congress  assembled,  the  copies  were  to  be  dis- 
tributed among  the  higher  officers  of  the  government, 
and  twenty-five  copies  lodged  in  the  Library  of  the 
United  States. 

The  publication  continued  on  this  system  until  it 
was  modified  by  the  joint  resolution,  approved  July 
14,  1832,2  which  required  the  inclusion  of  a  list  of  all 
printers  of  the  laws  of  the  United  States,  with  the 
compensation  allowed  each  one,  and  of  all  printers 
in  any  way  employed  by  Congress,  by  any  department 
or  officer  of  the  government,  with  the  compensation 
and  all  allowances  made  by  the  Postmaster-General 
within  the  same  period — September  30,  1831,  to 
September  30,  1833 — to  each  contractor  on  contracts 
for  carrying  the  mails ;  a  list  of  the  president,  cashiers, 

i  3  Stat.,  342. 

2  4  Stat,  608. 


144  THE  DEPARTMENT  OF  STATE 

and  directors  of  the  Bank  of  the  United  States  and 
its  branches.  In  collecting  the  information  the  Depart- 
ment sent  a  circular  to  those  whose  duty  it  was  to 
furnish  it.  It  merely  assembled  the  data  and  published 
it,  but  the  labor  involved  became  considerable  as  the 
force  of  the  government  grew  larger.  By  Act  of 
February  20,  1861,  the  duty  was  transferred  to  the 
Department  of  the  Interior.1 

Another  important  publication  which  the  Depart- 
ment initiated  recently  passed  to  the  jurisdiction  of 
the  Department  of  Commerce  and  Labor  and  remained 
with  the  Department  of  Commerce  when  that  Depart- 
ment was  created  separately  in  1913.  This  is  the 
series  of  volumes  known  as  Commercial  Relations  of 
the  United  States,  published  each  year,  composed  of 
the  annual  reports  of  American  consuls  on  trade  and 
commerce.  As  a  regular  publication  they  date  back 
to  1856,  being  authorized  by  the  Act  of  August  18,2  but 
in  the  same  year,  before  the  passage  of  that  act, 
appeared  four  large  volumes  entitled  "Report  on  the 
Commercial  Relations  of  the  United  States  with  all 
Foreign  Nations;  Edmund  Flagg,  Superintendent; 
Prepared  and  Printed  under  the  Direction  of  the 
Secretary  of  State  in  Accordance  with  Resolutions 
of  the  Senate  and  House  of  Representatives."  The 
resolutions  had  voted  $10,000  to  defray  the  expense. 

In  his  introduction,  Mr.  Flagg,  "Superintendent  of 
the  Statistical  Office,"  stated: 

Three  reports  on  "the  privileges  and  restrictions  of  the 

1 12  Stat.,  141. 
2  11  Stat.,  60. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   145 

commercial  intercourse  of  the  United  States  with  foreign 
nations"  similar  to  the  present,  have  appeared  since  the 
establishment  of  this  government.  The  first  was  communi- 
cated to  the  House  of  Representatives,  December  16,  1793, 
by  Mr.  Secretary  Jefferson,  in  conformity  to  "instructions" 
of  that  body,  February  14,  1791,  and  embraces  what  is 
equivalent  to  some  eight  or  ten  octavo  pages.  The  second 
was  communicated  to  the  Senate  by  Mr.  Secretary  Forsyth, 
December  18,  1839,  in  compliance  with  a  resolution  of  that 
body  of  December  19,  1838,  and  comprises  seventy-four 
octavo  pages.  The  third  and  last  report  was  communicated 
to  the  House  of  Representatives  by  Mr.  Secretary  Webster, 
March  29,  1842,  in  accordance  with  resolutions  of  that  body 
of  September  3,  1841,  and  January  31,  1842,  and  forms  a 
document  of  nearly  six  hundred  pages. 

In  addition  to  these  reports,  three  other  commercial 
compilations  issued  by  the  government  should  be  named — 
to  wit : — the  ' '  Commercial  Digest, ' '  transmitted  to  the  Senate 
by  President  Monroe,  December  7,  1819,  conformably  to  a 
resolution  of  that  body,  March  3,  1817;  the  "Digest  of 
Commercial  Regulations,"  showing  the  "changes"  in  such 
regulations  subsequent  to  the  Digest  of  1819,  prepared  by 
Mr.  Secretary  Adams,  in  accordance  with  a  resolution  of 
the  House,  January  21,  1823,  and  communicated  to  that  body 
January  30,  1824;  and  last,  the  "Digest  of  Commercial 
Regulations"  prepared  and  printed,  in  three  volumes,  under 
the  direction  of  the  Secretary  of  State,  in  compliance  with  a 
resolution  of  the  House,  March  3,  1831 ;  the  first  volume  being 
completed  for  transmission  to  that  body,  May  28,  1833,  and 
the  second  and  third  volume  in  1836.  But  in  neither  of  these 
works  last  named,  was  it  required  to  communicate  specifically 
"the  privileges  and  restrictions  of  the  commercial  inter- 
course of  the  United  States  with  foreign  nations,"  by  which 
requirement  the  former  were  characterized. 

The  four  volumes  of  the  report  were  divided  into 


146  THE  DEPARTMENT  OF  STATE 

three   parts — * ' Commercial  Digests,"   "Comparative 
Tariffs"  and  "Consular  Relations." 

Concerning  his  interest  in  their  subject,  John 
Quincy  Adams  wrote,  on  June  15,  1820 : 

Another  subject  upon  which  I  wish  to  provide  for  the 
future  is  the  collection  of  commercial  information.  Under 
a  resolution  of  the  Senate,  a  volume  containing  a  digest  of 
commercial  regulations  of  foreign  nations  was  printed  last 
year.  I  have  ordered  one  of  these  volumes  to  be  sent  to  every 
Minister  and  Consul  of  the  United  States  abroad,  with  the 
request  to  each  of  them  to  examine  the  book,  and  to  collect 
and  transmit  to  the  Department  any  further  information 
relating  to  the  subject  that  he  can  obtain  respecting  the 
country  where  he  is  stationed.  I  this  day  desired  Mr.  Bailey 
to  keep  a  memorandum  book  of  reference  to  all  the  commu- 
nications which  may  be  received  on  this  subject,  and  a  copy 
of  the  Digest,  interleaved  with  blank  leaves,  in  which  all 
changes  by  new  ordinances  of  foreign  countries  shall  be 
minuted.1 

The  title  page  of  the  first  volume  of  Commercial 
Relations  (1857)  read:  "Report  of  the  Secretary  of 
State,  Transmitting  a  Statement  from  the  Superin- 
tendent of  Statistics  of  the  Commercial  Relations  of 
the  United  States  with  Foreign  Nations,  for  the  Year 
ending  September  30,  1856."  The  plan  and  purpose 
of  the  publication  have  not  varied  materially  since  its 
initiation.  In  1903  it  was  transferred  to  the  Depart- 
ment of  Commerce  and  Labor,  and  it  is  now  issued  by 
the  Department  of  Commerce. 

The  usefulness  of  the  volumes  of  Commercial 
Relations  and  of  special  trade  reports  from  consuls 

i  J.  Q.  Adams'  Diary,  V,  152. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   147 

printed  from  time  to  time  led  the  Department  to 
undertake  a  regular  issue  of  consular  reports  to  be 
printed  at  first  every  month  and  then  also  every  day. 
The  introduction,  dated  October,  1880,  to  the  first 
of  the  regular  issues  of  the  ''Consular  Reports" 
contains  a  statement  of  the  origin  of  the  system  of 
publication : 

Previous  to  the  last  session  of  Congress,  with  the  exception 
of  short  abstracts  given,  from  time  to  time,  to  the  press,  the 
only  means  of  giving  publicity  to  consular  reports  was 
through  the  annual  volume  of  Commercial  Relations.  The 
delay  incident  hereto  neutralized,  to  a  large  degree,  the  good 
which  would  have  resulted  from  the  immediate  publication 
of  many  of  these  communications,  while  a  large  number  of 
valuable  reports  were  left  unpublished  altogether,  and  many 
others  necessarily  curtailed,  in  order  that  the  annual  volume 
might  be  kept  within  reasonable  limits. 

Appreciating  the  good  results  of  the  praiseworthy  efforts 
of  our  consuls  for  the  enlargement  of  our  commercial  relations 
in  their  several  districts,  and  desirous  of  giving  the  country 
the  fullest  and  most  direct  benefits  of  their  labors,  Congress, 
upon  representations  made  thereto  by  this  Department,  at 
its  recent  session,  made  provision  "for  printing  and  distribu- 
ting more  frequently  the  publications  by  the  Department  of 
State  of  the  consular  and  other  reports." 

This  action  was  taken  in  response  to  the  wishes  of  the 
leading  commercial  communities  of  the  United  States,  as 
expressed  through  the  chambers  of  commerce  of  the  principal 
cities,  which  bore  testimony  to  the  great  value  of  these 
reports,  and  the  advantages  which  would  accrue  from  their 
more  frequent  publication. 

As  a  necessary  sequence  to  the  foregoing  action  of  Congress, 
a  circular,  under  date  of  July  1,  1880,  was  issued  by  this 
Department  to  the  consuls-general,  consuls,  and  commercial 


148  THE  DEPARTMENT  OF  STATE 

and  consular  agents  of  the  United  States.  The  nature  of 
this  circular,  and  the  scope  of  the  proposed  publications,  of 
which  this  is  the  initial  number,  will  be  understood  from  the 
following  extracts: 

You  are  therefore  requested  to  prepare  and  forward  to 
this  Department  reports  upon  all  subjects  which  may  be 
calculated  to  advance  the  commercial  and  industrial  interests 
of  the  United  States,  bearing  in  mind,  however,  while  giving 
yourselves  the  broadest  scope  for  the  accomplishment  of 
the  work  herein  assigned  you,  that  your  principal  efforts 
must  be  directed  to  the  introduction  of  the  American  trade 
into,  and  the  enlargement  thereof  in,  your  districts. 

The  annual  volume  of  Commercial  Relations  will  be  pub- 
lished as  heretofore ;  you  will  continue  to  prepare  your  annual 
reports  therefor  as  usual,  but  the  publication  of  these  special 
communications  will  enable  you  to  dispense  in  the  former 
with  all  extraneous  matter,  treating  therein  of  subjects 
pertaining  only  to  what  properly  belongs  to  annual  reports, 
as  laid  down  in  consular  regulations. 

I  am  etc., 

Wm.  M.  Evarts. 

The  amount  appropriated  by  Congress  was  $20,000. 

Previous  to  this  action  an  attempt  had  been  made 
by  the  Department  looking  to  the  same  end.  In  July, 
1877,  a  circular  was  sent  to  the  consuls  in  Mexico, 
Central  and  South  America,  in  part  as  follows : 

It  is  believed  that  the  period  has  now  arrived  when  it 
would  be  wise  for  all  the  nations  of  this  continent  to  consider 
more  carefully  than  heretofore  how  they  may  best  enlarge 


SOMETIME  DUTIES  OF  THE  DEPARTMENT  149 

their  trade  with  each  other.  Their  geographical  position  and 
the  resemblance  between  their  political  institutions  facilitate 
the  cultivation  of  such  commerce. 

The  United  States  are  in  a  condition  to  supply  cheaply  and 
easily  many  products  and  manufactured  articles,  suitable  to 
their  wants,  to  all  or  nearly  all  of  the  Spanish  American 
Republics,  ....  receiving  in  return  natural  products,  which 
can  be  utilized  here. 


Apart  from  questions  of  merely  commercial  or  pecuniary 
advantage,  the  development  of  such  trade  would  have  also  a 
beneficial  influence  upon  the  political  condition  of  the 
republics  of  this  continent. 

In  view  of  these  considerations,  it  is  desired  by  the  Depart- 
ment that  its  Diplomatic  and  Consular  officers  should  devote 
attention  to  the  question  of  methods  by  which  trade  with  the 
United  States  can  be  most  judiciously  fostered. 

"Without  seeking  to  interfere  with  any  commercial  opera- 
tions or  enterprises  that  may  now  be  in  existence,  it  is  never- 
theless deemed  highly  probable  that  you  may  be  able,  by 
examination  and  inquiry,  to  point  out  branches  of  trade  with 
which  the  United  States  may  properly  and  usefully  share. 
You  are  instructed,  therefore,  to  make  such  examination  at 
your  convenience,  and  to  advise  the  Department,  when  suit- 
able occasions  shall  offer,  as  to  the  demand  for  different  kinds 
of  manufactured  articles  now  in  ,  their  nature  and 

prices,  and  whether  they  are  of  the  character  which  it  is 
probable  the  industry  of  the  United  States  can  supply. 

The  inquiry  here  suggested  should  not  be  hastily  made. 
....  It  is  rather  the  purpose  of  the  Department  that  it 
should  be  continuous,  and  that  you  may  from  time  to  time 
communicate   to   the   Government   such  information   as  you 


150  TUE  DEPARTMENT  OF  STATE 

may  from  time  to  time  acquire  in  this  direction,  in  order  that 
it  may  be  laid  before  Congress  and  the  general  public. 
I  am,  etc., 

Wm.  M.  Evarts. 

This  circular  was  supplemented  in  August  of  the 
same  year  by  a  similar  one  to  the  consuls  in  Europe. 
The  replies  were  printed  and  distributed. 

Both  of  these  circulars  were  followed  by  one  dated 
April  11, 1878,  which  was,  perhaps,  the  most  important 
effort  thus  far  made  by  the  Department  to  utilize 
the  consular  corps  as  an  instrument  for  gathering 
important  statistics.  It  was  known  as  the  "Labor 
Circular,"  and  was  sent  to  the  consular  officers  in 
Great  Britain,  France,  Germany,  Belgium,  Italy, 
Spain,  the  Netherlands,  Sweden  and  Norway,  and 
Denmark.    It  read  as  follows : 

Gentlemen  :  With  reference  to  the  circular  addressed  to 
you  in  August,  1877,  in  respect  to  the  trade  of  the  United 
States  with  foreign  countries,  it  is  now  deemed  desirable  that 
you  should  make  inquiries  and  report  in  regard  to  the 
following  points,  viz : 

1st  The  rate  of  wages  usually  paid  to  laborers  of  every 
class,  but  with  more  especial  reference  to  agricultural 
laborers,  mechanical  laborers,  and  those  upon  public  works 
and  railways. 

2d  The  cost  of  living  to  the  laboring  class,  or  the  prices 
paid  for  what  may  be  termed  the  necessaries  of  life. 

3d  So  far  as  practicable,  a  comparison  of  the  present  rates 
with  those  prevailing  during  the  past  five  years,  both  as  to 
wages  and  cost  of  living. 

4th  Such  information  as  may  be  obtainable  touching  the 
present  state  of  trade,  whether  prosperous  or  otherwise ;  the 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   151 

amount  and  character  of  paper  money,  if  any,  as  circulation ; 
and  the  amount  and  character  of  coin,  with  the  relation  borne 
by  paper  and  coin  to  each  other. 

5th  and  lastly,  such  information  as  may  be  obtainable  as  to 
the  business  habits  and  systems  of  your  districts. 

It  is  desired  that  the  information  which  may  come  to  your 
knowledge  on  the  foregoing  points  should  be  embraced  in  a 
report  to  the  Department,  to  be  made  as  soon  as  practicable. 

I  am,  etc., 
F.  W.  Seward, 
Assistant  Secretary. 

The  result  of  this  circular  was  the  publication,  by 
order  of  Congress,  the  following  year,  of  the  volume 
known  as  Labor  in  Europe,  the  precursor  of  the  more 
exhaustive  reports  on  the  same  subject  printed  in 
three  volumes  in  1884 — this  being  probably  the  most 
ambitious  publication  of  consular  reports  ever  made. 
Several  other  special  consular  publications  are  hardly 
less  important,  however;  notably,  the  reports  on 
Emigration  and  Immigration,  1887 ;  the  volume  Taxa- 
tion in  Europe  (1887),  an  attempt  to  show  the  methods 
and  rates  of  taxation  throughout  the  whole  of  Europe 
and  in  British  India;  and  Cattle  and  Dairy  Farming 
(1888),  in  two  large  volumes,  profusely  illustrated, 
showing  the  breeds  of  cattle  and  methods  of  cattle 
breeding  throughout  the  world.  The  monthly  issue 
of  consular  reports  begun  in  October,  1880,  continued 
regularly  without  reference  to  the  special  publications 
issued  at  irregular  intervals;  but  in  1898,  upon  the 
initiation  of  the  chief  of  the  Bureau  of  Statistics, 
Frederick  Emory,  was  begun  a  daily  issue  of  what 
were   called   Advance    Sheets    of   Consular   Reports, 


152  TEE  DEPARTMENT  OF  STATE 

being  merely  the  issue  at  once  of  reports  which  were 
later  gathered  together  and  printed  in  the  monthly 
pamphlet.  When  the  Bureau  of  Foreign  Commerce 
was  transferred  from  the  Department  of  State  to  the 
Department  of  Commerce  and  Labor  in  1903,  the 
former  ceased  to  be  the  publisher  of  the  consular 
reports,  although  it  remains  the  medium  through 
which  the  reports  are  called  for  from  the  consuls  and 
examines  them  before  they  are  sent  to  the  Department 
of  Commerce.  The  title  of  the  daily  issue  of  consular 
reports  was  changed  by  the  Department  of  Commerce 
and  Labor  in  1905  to  Daily  Consular  Trade  Reports, 
and  some  features  were  added  to  the  publication. 
March  1,  1910,  it  was  abolished  and  a  weekly  issue 
substituted;  but  in  July,  1910,  the  daily  issue  was 
resumed.  The  monthly  issue  was  abandoned  July  1, 
1910,  as  the  law  required. 

In  time  of  war  the  Department  has  certain  duties 
which  are  for  the  most  part  an  expansion  of  its 
regular  duties;  but  one  which  it  formerly  performed 
and  which  it  will  not  in  all  probability  ever  be  called 
upon  to  perform  again  may  be  considered  here.  It 
related  to  the  issuing  of  letters  of  marque  and 
reprisal  to  private  armed  vessels  commissioned  to 
cruise  against  the  enemies  of  the  United  States.  The 
issuance  of  such  letters  was  under  Article  I,  section  8 
of  the  Constitution  a  power  of  Congress ;  but  when  a 
conflict  arose  with  France  in  1798,  by  Act  of  July  9,1 
,  Congress  authorized  the  President  to  grant  to  owners 
of  privateers  special  commissions  under  the  seal  of 

i  1  Stat.,  579. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   153 

the  United  States,  with  license  for  capturing  armed 
French  vessels,  and  to  prescribe  such  rules  as  seemed 
proper,  the  commissions  being  revokable  by  him. 
Each  applicant  for  a  commission  was  required  to 
deliver  or  send  to  the  Secretary  of  State  a  description 
of  his  vessel,  the  names  of  her  owners,  and  officers, 
and  the  number  of  her  crew.  Bond  in  the  sum  of 
$7,000  was  required  to  observe  the  laws,  treaties  and 
regulations,  and  if  the  vessel  was  manned  by  more 
than  one  hundred  and  fifty  men  the  amount  was 
doubled.  Only  a  few  letters  of  marque  were  issued 
by  the  Secretary  of  State  for  this  brief  war,  the  form 
being  precisely  the  same  as  that  used  in  the  War  of 
1812. 

The  same  rules  were  observed  in  reference  to 
issuing  letters  of  marque  in  the  conflict  with  Tripoli 
in  1802,  but  the  law  was  more  liberal  in  its  terms1  and 
did  not  require  any  report  from  the  privateers  to  the 
Secretary  of  State. 

The  War  of  1812  caused  the  enactment  of  an 
elaborate  privateering  law.  War  was  declared  by 
the  Act  of  June  18,  1812,  and  it  conferred  upon  the 
President  in  general  terms  the  power  to  issue  com- 
missions to  private  armed  vessels  "in  such  form  as 
he  shall  think  proper";2  but  on  June  26,  1812,  a 
regular  privateering  law  was  approved,  which 
required  a  report  to  the  Secretary  of  State  of  tenor 
similar  to  that  prescribed  in  the  Act  of  July  9,  1798. 
The  applications  for  commissions  were  made  to  the 

i  2  Stat.,  130. 
2  2  Stat.,  755. 


154  THE  DEPARTMENT  OF  STATE 

collectors  of  customs  of  the  various  ports  and  sent 
by  them  to  the  Department,  or  in  many  cases  were 
sent  direct  to  the  Secretary  of  State.  The  following 
is  an  example: 

To  the  Hon.  James  Monroe  Secretary  of  State  for  the  United 
States  of  America — 

The  Petition  of  Frederick  Jenkins,  Rensselaer  Havens  and 
Daniel  Sullivan  of  the  City  of  New  York  and  Joseph  Skinner 
of  New  London  State  of  Connecticut  Humbly  Sheweth  That 
your  Petitioners  Citizens  of  the  United  States  and  owners 
of  the  Brig  or  Vessel  called  the  James  Monroe  of  New  York 
burden  323-38/95  Tons  or  thereabouts,  Mounting  Five 
carriage  Guns  (carrying  Small  Arms)  navigated  by  Fifty 
Men  whereof  said  Joseph  Skinner  is  Master  or  Commander, 
having  equipped  furnished  and  provided  said  Brig  as  a 
Lettre  of  Marque  humbly  solicit  that  a  commission  or  License 
may  be  granted  to  them  for  said  Brig  to  cruize  against  the 
shipping  and  property  of  the  Enemies  of  the  United  States 
during  the  present  War. 

And  your  Petitioners  &c 
New  York  Fred  Jenkins 

18  Oct  1813  Rensselaer  Havens 

D.  Sullivan 
D.  Williams  Joseph  Skinner 

The  regulations  were  issued  through  the  Department 
but  were  drawn  up  by  the  President,  in  the  case  of 
this  war,  in  James  Madison's  own  hand.  The  draft 
is  as  follows : 

To  Capt :  Commander  of  the  private 

armed  called  the 

INSTRUCTIONS 

For  the  private  armed  vessels  of  the  U.  States 
1.     The   tenor   of   your   Commission   and   of   the   Act   of 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   155 


Congress  entitled  "An  Act  &c.  &c,"  a  copy  of  which  is 
hereto  annexed,  will  be  kept  constantly  in  your  view.  By 
the  high  seas  referred  to  in  your  commission,  you  will  under- 
stand generally,  to  extend  to  low  water  mark;  But  with  the 
exception  of  the  space  within  one  league  or  three  miles  of 
the  shore  of  countries  at  peace  both  with  G.  B.  and  with  the 
U.  S.  you  may,  nevertheless  execute  your  commission  within 
that  distance  of  the  shore  of  a  nation  at  war  with  G.  B.  and 
even  on  the  waters  within  the  jurisdiction  of  such  nation, 
if  permitted  so  to  do. 

2.  You  are  to  pay  the  strictest  regard  to  the  rights  of 
neutral  powers,  and  the  usages  of  Civilized  nations;  and  in 
all  your  proceedings  towards  neutral  vessels,  you  are  to  give 
them  as  little  molestation  or  interruption  as  will  consist  with 
the  right  of  ascertaining  their  neutral  character,  and  of 
detaining  and  bringing  them  in  for  regular  adjudication  in 
the  proper  cases.  You  are  particularly  to  avoid  even  the 
appearance  of  using  force  or  seduction  with  a  view  to  deprive 
such  vessels  of  their  crews,  or  of  their  passengers,  other  than 
persons  in  the  military  service  of  the  Enemy. 

3.  Towards  Enemy  vessels  and  their  crews,  you  are  to 
proceed,  in  exercising  the  rights  of  war,  with  all  the  justice 
and  humanity  which  characterize  the  nation  of  which  you 
are  members. 

4.  The  Master  and  one  or  more  of  the  principal  persons 
belonging  to  captured  vessels,  are  to  be  sent,  as  soon  after 
the  capture  as  may  be,  to  the  Judge  or  Judges  of  the  proper 
court  in  the  U.  S.  to  be  examined  upon  oath,  touching  the 
interest  or  property  of  the  captured  vessel  and  her  lading; 
and  at  the  same  time  are  to  be  delivered  to  the  Judge  or 
Judges,  all  passes,  Charger-parties,  bills  of  lading,  invoices, 
letters  and  other  documents  and  writings  found  on  board; 
the  said  papers  to  be  proved  by  the  affidavit  of  the  Com- 
mander of  the  capturing  vessel  or  some  other  person  present 
at  the  capture,  to  be  produced  as  they  were  received  without 
fraud,  addition,  subduction  or  embezzlement. 


156  THE  DEPARTMENT  OF  STATE 

This  is  endorsed:  "Instructions  for  private  armed 
vessels,  drawn  up  by  President  Madison,  Recorded, 
pages  11  and  12,  Vol.  'Letters  of  Marque,'  etc."1 

The  Department  received  at  stated  periods  from 
the  collectors  of  customs  abstracts  of  commissions 
granted  to  privateers,  stating  to  whom  they  were 
issued  and  when,  the  name  of  the  vessel  and  the 
commander  and  lieutenant,  the  vessel's  burden, 
number  of  crew,  number  and  kind  of  arms  and  names 
of  sureties  on  the  bond.  The  form  of  commission  was 
as  follows : 

James  Madison,  President  of  the  United  States  of  America 

To  all  who  shall  see  these  Presents, 
Greeting : 

Be  it  known,  That  in  pursuance  of  an  Act  of  Congress, 
passed  on  the  26th  day  of  June  one  thousand  eight  hundred 
and  twelve,  I  have  commissioned,  and  by  these  presents  do 
commission,  the  private  armed  five  handed  boat  of  burden 
of  about  two  tons,  or  thereabouts,  owned  by  Elisha  Pape, 
Esqr.,  Shedrach  Freeman,  Nathan  Nye  3d,  James  Freeman, 
Leavin  Pape  and  Charles  Nye,  all  of  Sandwich  aforesaid 
mounting  no  carriage  guns,  and  navigated  by  twelve  men, 
hereby  authorizing  Nathan  Nye  3d,  Captain,  and  William 
Drody  Lieutenant  of  the  said  boat  and  other  officers  and 
crew  thereof  to  subdue,  sieze  and  take  any  armed  or  unarmed 
British  vessel,  public  or  private,  which  shall  be  found  within 
the  jurisdictional  limits  of  the  United  States  or  elsewhere 
on  the  high  seas,  or  within  the  waters  of  the  British 
dominions,  and  such  captured  vessel,  with  her  apparel,  guns 
and  appurtenances,  and  the  goods  or  effects  which  shall  be 
found  on  board  the  same,  together  with  all  the  British 
persons  and  others  who  shall  be  found  acting  on  board,  to 

i  Letters  of  Marque,  Dept.  of  State  MSS.,  War  of  1812. 


SOMETIME  DUTIES  OF  THE  DEPARTMENT   157 

bring  within  some  port  of  the  United  States,  and  also  to 
retake  any  vessels,  goods  and  effects  of  the  people  of  the 
United  States,  which  may  have  been  captured  by  any  British 
armed  vessel,  in  order  that  proceedings  may  be  had  concern- 
ing such  capture  or  recapture  in  due  form  of  law,  and  as 
to  right  and  justice  shall  appertain.  The  said  Nathan 
Nye  3d  is  further  authorized  to  detain,  seize  and  take  all 
vessels  and  effects  to  whomsoever  belonging  which  shall  be 
liable  thereto  according  to  the  law  of  Nations  and  the  rights 
of  the  United  States  a  power  at  war,  and  to  bring  the  same 
within  some  port  of  the  United  States  in  order  that  due 
proceedings  may  be  had  thereon.  This  commission  to 
continue  in  force  during  the  pleasure  of  the  President  of 
the  United  States  for  the  time  being. 

Given  under  my  hand  and  the  seal  of  the  United  States 
of  America  at  the  city  of  Washington,  the  sixth  day  of 
December  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and   thirteen   and   of   the   Independence   of   the    States   the 

thirty-eighth. 

James  Madison 
By  the  President 

(Seal)  Jas.  Monroe,  Secretary  of  State 
Countersigned 
Win.  Otis.  Coll 

The  privateering  against  Algiers  under  the  Act  of 
March  3,  1815,1  was  on  the  same  basis  as  that  of  1802 
against  Tripoli.  There  appears  to  have  been  no 
participation  by  the  Department  of  State  in  the 
issuance  of  letters  of  marque  during  the  Mexican  War, 
and  in  1863  the  business  was  transferred  to  the  Navy 
Department,  where,  in  the  improbable  event  of  its 
being  revived  on  some  future  occasion,  it  would  be 
conducted. 

i  3  Stat.,  230. 


CHAPTER  VII 

OCCASIONAL  DUTIES  OF  THE  DEPAKTMENT 

ERHAPS  the  most  important  of  the  occasional 
duties  of  the  Department  of  State  is  that  which 
involves  its  agency  in  recording  the  result  of  the  quad- 
rennial elections  held  in  the  several  states  for  the 
offices  of  President  and  Vice-President  of  the  United 
States.  Section  1  of  Article  II  of  the  Constitution 
provided  that  the  electors  should  meet  in  the  several 
states,  and,  having  voted  for  a  President  and  Vice- 
President,  should  make  a  list  of  the  persons  voted  for, 
which  they  must  sign  and  certify  to  and  transmit, 
sealed,  to  the  seat  of  government  directed  to  the 
President  of  the  Senate.  The  twelfth  amendment  to 
the  Constitution,  adopted  in  1804,  looked  towards  an 
improvement  in  the  method  of  voting  for  a  President 
and  Vice-President,  but  did  not  disturb  the  original 
provision  for  notifying  the  result.  There  is  not, 
therefore,  any  constitutional  requirement  for  partici- 
pation of  the  executive  branch  of  the  government  in 
this  function;  but  the  Act  of  March  1,  1792,1  relative 
to  the  election  of  a  President  and  Vice-President, 
provided  for  certain  contingent  duties  on  the  part 
of  the  Secretary  of  State  of  great  importance. 
Section  2  prescribed  that  the  electors  should  meet  in 

i  1  Stat.,  239. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      159 

their  respective  states  on  the  first  Wednesday  in 
December  after  their  election,  and  sign  three  certi- 
ficates of  the  votes  given  by  them  and  seal  up  the 
same,  "and  send  one  copy  by  messenger  to  the  Presi- 
dent of  the  Senate;  forward  another  to  him  by  mail 
and  lodge  the  third  with  the  judge  of  the  district  in 
which  the  electors  assembled." 
Section  4  said: 

That  if  a  list  of  votes  from  any  State  shall  not  have  been 
received  at  the  seat  of  government,  on  the  said  first  Wednes- 
day in  January,  that  then  the  Secretary  of  State  shall  send 
a  special  messenger  to  the  district  judge  in  whose  custody 
such  list  shall  have  been  lodged,  who  shall  forthwith  transmit 
the  same  to  the  seat  of  government. 

And  section  6  said : 

That,  in  case  there  shall  be  no  President  of  the  Senate  at 
the  seat  of  government  on  the  arrival  of  the  persons  intrusted 
with  the  lists  of  the  votes  of  the  electors,  then  such  persons 
shall  deliver  the  lists  of  votes  in  their  custody  into  the  office 
of  the  Secretarjr  of  State,  to  be  safely  kept  and  delivered  over 
as  soon  as  may  be,  to  the  President  of  the  Senate. 

This  portion  of  the  Act  was  confirmed  by  the  Act 
of  March  26,  1804,1  and  the  only  change  made  by  the 
Act  of  January  23,  1845,2  was  to  change  the  date  of 
meetings  of  the  electors. 

A  careful  search  of  the  records  of  the  Department 
of  State  fails  to  show  that  the  electoral  vote  has  ever 
been  delivered  to  the  Secretary  of  State.  If  it  ever 
should  be,  his  duty  would  be   simply  to   act  as  its 

i  2  Stat.,  295. 
2  5  Stat.,  721. 


160  THE  DEPARTMENT  OF  STATE 

custodian,  until  the  opportunity  should  come  when  it 
could  be  safely  delivered  to  the  President  of  the 
Senate. 

Section  4  of  the  act  cited  above,  which  became 
section  141  of  the  Revised  Statutes,  was  amended  by 
the  Act  of  October  19, 1888,1  to  read: 

Whenever  a  certificate  of  votes  from  any  State  has  not 
been  received  at  the  seat  of  government  on  the  fourth  Monday 
of  the  month  of  January  in  which  their  meeting  shall  have 
been  held,  the  Secretary  of  State  shall  send  a  special  messenger 
to  the  district  judge,  etc. 

Special  messengers  were  occasionally  sent  under 
the  original  law  and  have  been  sent  under  that  now 
in  force,  there  being  no  difference  in  the  method 
prescribed  by  both. 

The  following  example  of  the  sending  of  a  messenger 
will  serve  as  an  example: 

Vice-President's  Chamber 

Washington,  D.  C,  Jan.  29,  1889. 
The  Honorable 

Thomas  F.  Bayard, 
Secretary  of  State, 
Washington,  D.  C. 
Sir: 

Referring  to  the  provisions  of  an  Act  supplementary  to  the 
Act  approved  Feb.  3,  1887,  entitled  "an  Act  to  fix  the  day 
for  the  meeting  of  the  Electors  of  President  and  Vice- 
President,  and  to  provide  for  and  regulate  the  counting  of 
the  votes  for  President  and  Vice-President,  and  the  decision 
of  questions  arising  thereon,"  approved  Oct.  19,  1888,  I 
have  the  honor  to  inform  you  that  the  Certificate  and  List  of 

i  25  Stat.,  613. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      161 

Votes  for  President  and  Vice-President  of  the  United  States 
have  not  been  received  from  the  State  of  Florida. 
Very  respectfully  yours, 

John  J.  Ingalls 

President  of  the  Senate} 

Department  of  State, 
Washington,  D.  C,  January  29,  1889. 

Henry  L.  Bryan,  Esq., 

Messenger  to  the  State  of  Florida. 
Sir:— 

Having  been  informed  by  the  President  pro  tempore  of 
the  Senate  of  the  United  States,  that  the  certificates  and  list 
of  votes  for  President  and  Vice-President  of  the  United 
States  have  not  been  received  from  the  State  of  Florida,  it 
is  my  duty  under  the  Act  of  Congress,  approved  October  19, 
1888,  entitled  "An  Act  Supplementary  to  the  Act  Approved 
February  3rd  Eighteen  Hundred  and  Eighty-Seven  entitled 
'An  Act  to  fix  the  Day  for  the  Meeting  of  the  Electors  of 
President  and  Vice-President  and  the  decision  of  questions 
arising  thereon'  "  to  send  a  special  messenger  to  that  State 
to  obtain  from  the  Judge  of  the  United  States  District  Court 
in  whose  custody  it  is,  by  Act  of  Congress,  required  to  be 
deposited,  the  certificate  of  the  vote  of  that  State:  I  there- 
fore under  Section  141  of  the  Revised  Statutes,  as  amended 
by  the  above  quoted  Act  appoint  you  special  messenger  for 
that  purpose. 

You  are,  therefore,  instructed  to  proceed  immediately,  and 
by  the  quickest  possible  route,  to  such  place  as  the  District 
Judge  may  be  found  in  whose  custody  the  certificate  of  votes 
from  the  State  of  Florida  has  been  lodged,  and,  there 
exhibiting  to  him  this  instruction,  you  will  request  that  he 
forthwith  transmit  that  certificate  to  the  seat  of  Govern- 
ment, offering  at  the  same  time  your  services  as  a  messenger 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 


162  THE  DEPARTMENT  OF  STATE 

to  bring  the  certificate  hither.  You  will  return  immediately 
and  by  the  most  speedy  route  to  the  seat  of  Government, 
reporting  without  loss  of  time  to  me  at  this  Department  and 
delivering  the  said  certificate  of  votes  to  the  President  pro 
tempore  of  the  Senate  of  the  United  States.  You  will  con- 
stantly keep  this  Department  advised  by  telegraph  of  your 
movements  and  where  telegraphic  despatches  can  reach  you, 
in  order  that  should  any  change  of  plan  become  necessary 
you  may  be  informed  thereof  without  delay. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  Department  of  State  to  be  affixed  this  29th 
day  of  January  A.  D.  1889. 

T.  F.  Bayard.1 

The  messenger,  it  should  be  remarked,  reported  to 
the  Department  of  State,  but  he  delivered  the  electoral 
vote  to  the  President  of  the  Senate. 

The  Act  of  February  3,  1887,2  to  fix  the  day  for  the 
meeting  of  electors  of  President  and  Vice-President, 
gave  the  Department  of  State  specific  and  important 
duties  with  reference,  not  to  the  votes  for  President 
and  Vice-President,  but  to  the  election  of  electors  to 
choose  the  President  and  Vice-President.  Section  3 
said: 

That  it  shall  be  the  duty  of  the  Executive  of  each  State, 
as  soon  as  practicable  after  the  conclusion  of  the  appoint- 
ment of  electors  in  such  State,  by  the  final  ascertainment 
under  and  in  pursuance  of  the  laws  of  such  State  providing 
for  such  ascertainment,  to  communicate,  under  the  seal  of 
the  State,  to  the  Secretary  of  State  of  the  United  States,  a 
certificate  of  such  ascertainment  of  the  electors  appointed, 
setting  forth  the  names  of  such  electors  and  the  canvass  or 

i  Dept.  of  State  MSS.,  Domestic  Letters. 
2  24  Stat.,  373. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      163 

other  ascertainment  under  the  laws  of  such  State  of  the 
number  of  votes  given  or  cast  for  each  person  for  whose 
appointment  any  and  all  votes  have  been  given  or  cast  .... 
and  if  there  shall  have  been  any  final  determination  in  a 
State  of  a  controversy  or  contest  as  provided  for  in  section 
two  of  this  act,  it  shall  be  the  duty  of  the  Executive  of  such 
State,  as  soon  as  practicable  after  such  determination,  to 
communicate,  under  the  seal  of  the  State,  to  the  Secretary 
of  State  of  the  United  States,  a  certificate  of  such  determi- 
nation, in  form  and  manner  as  the  same  shall  have  been 
made;  and  the  Secretary  of  State  of  the  United  States,  as 
soon  as  practicable  after  the  receipt  at  the  State  Department 
of  each  of  the  certificates  hereinbefore  directed  to  be  trans- 
mitted to  the  Secretary  of  State,  shall  publish,  in  such  public 
newspapers  as  he  shall  designate,  such  certificates  in  full; 
and  at  the  first  meeting  of  Congress  thereafter  he  shall  trans- 
mit to  the  two  Houses  of  Congress  copies  in  full  of  each  and 
every  such  certificate  so  received  theretofore  at  the  State 
Department. 

Following  this  requirement  the  Secretary  of  State 
brings  the  provisions  of  the  act  to  the  attention  of 
the  several  Governors  of  the  states  soon  after  the 
Presidential  election  by  sending  to  each  the  following 
circular  letter: 

Department  of  State, 

Washington,  December      ,  19     . 
Sir: 

With  immediate  regard  to  the  election  of  Presidential  and 
Vice-Presidential  electors  just  concluded,  I  have  the  honor 
to  enclose  herewith  a  copy  of  the  Act  of  Congress  approved 
February  3,  1887,  relating  to  the  duty  of  the  Executives  of 
the  several  States  in  certifying  to  the  Secretary  of  State  of 
the  United  States  the  appointment  of  such  electors,  and  a 
copy  of  the  Act  supplementary  thereto,  approved  October 
19,  1888. 


164  THE  DEPARTMENT  OF  STATE 

Respectfully   requesting   that    I    be    furnished    with   four 
copies  of  the  certificate  required  by  section  3  of  the  accom- 
panying Act,  for  the  greater  convenience  of  the  Department, 
I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 
His  Excellency 

The  Governor  of 

The  returns  having  been  received  are  acknowledged : 

Department  of  State, 

Washington,  ,  19    . 

Sir: 

I  have  the  honor  to  acknowledge  the  receipt  of  your  certifi- 
cate of  the  final  ascertainment  of  the  electors  for  President 
and  Vice-President,  appointed  for  the  State  of  , 

at  the  election  held  on  the  3d  day  of  November,  19     ,  said 
certificate  being  under  the  seal  of  the  State  of  , 

and  dated  ,  19     . 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 
His  Excellency 

The  Governor  of 

They  are  then  published  in  a  newspaper  in  Wash- 
ington, selected  by  the  Secretary  of  State : 

Department  of  State, 

Washington,  ,  19    . 

To  the  Washington 

Gentlemen : 

In  pursuance  of  the  provisions  of  the  Act  of  Congress 
approved  February  3,  1887,  I  transmit  herewith  for  publi- 
cation in  your  newspaper  a  certified  copy  of  the  final  ascer- 
tainment of  the  electors  for  President  and  Vice-President, 
appointed   in   the   State   of  ,    at   the   election   held 


OCCASIONAL  DUTIES  OF  DEPARTMENT      165 

therein  on  the  day  of  November,  19     ,  as  certified  to  me 

by  the  Governor  thereof. 

I  am,  Gentlemen, 

Your  obedient  servant, 

(For  the  Secretary  of  State) 

Chief  Clerk. 

At  the  same  time  copies  of  the  returns  are  sent  to 
the  Speaker  of  the  House  of  Representatives  and  the 
President  of  the  Senate,  the  same  form  of  letter  being 
used  in  each  case: 

Department  of  State, 

Washington,  ,  190    . 

To  the  Honorable 

Speaker  of  the  House  of  Representatives. 
Sir: 

I  have  the  honor  to  transmit  herewith,  in  pursuance  of  the 
provisions  of  the  Act  of  Congress  approved  February  3,  1887, 
and  of  the  Act  supplementary  thereto,  approved  October  19, 
1888,  an  authentic  copy  of  the  certificate  of  the  final  ascer- 
tainment of  electors  for  President  and  Vice-President, 
appointed  in   the   State   of  ,   at   the   election   held 

therein  on  the  day  of  November,  19     ,  as  transmitted  to 

me  by  the  Governor  of  said  State. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

The  form  of  certification  of  the  copies  is  as  follows : 

United  States  op  America, 
department  op  state. 
To  all  to  whom  these  presents  shall  come,  Greeting: 

In  accordance  with  the  provisions  of  the  Act  of  Congress 
approved  February  3,  1887,  I  certify  that  the  following  is 
a  true  copy  of  the  certificate  of  the  final  ascertainment  of  the 
electors  for  President  and  Vice-President,  appointed  in  the 


166  THE  DEPARTMENT  OF  STATE 

State  of  ,  at  the  election  held  therein  on  the 

day  of  November,  19     ,  as  received  by  me  from  the  Governor 
of  the  said  State. 

In  testimony  whereof,  I, 

Secretary  of  State  of  the  United  States,  have 
hereunto  subscribed  my  name  and  caused  the 
seal  of  the  Department  of  State  to  be  affixed. 
Done  at  the  City  of  Washington,  this  day 

of  A.  D.  19     ,  and  of 

the    Independence   of   the   United    States   of 
America  the  one  hundred  and 

Some  of  the  contingent  duties  imposed  upon  the 
Secretary  of  State  by  law  with  reference  to  the 
Presidential  office  he  has  never  been  called  upon  to 
exercise.  Section  10  of  the  Act  of  March  1,  1792, 
provided : 

That  whenever  the  offices  of  President  and  Vice-President 
shall  both  become  vacant,  the  Secretary  of  State  shall  forth- 
with cause  a  notification  thereof  to  be  made  to  the  Executive 
of  every  State,  and  shall  also  cause  the  same  to  be  published 
in,  at  least,  one  of  the  newspapers  printed  in  each  State, 
specifying  that  electors  of  the  President  of  the  United  States 
shall  be  appointed  or  chosen,  in  the  several  States,  within 
thirty-four  days  preceding  the  first  Wednesday  in  December, 
then  next  ensuing. 

But  there  must  be  two  months '  interval  between  the 
date  of  the  notification  and  the  election. 

There  has  never  been  a  vacancy  in  the  office  of 
President  through  the  death  of  both  the  President  and 
Vice-President. 

By  the  Act  of  January  19,  1886,1  the  succession  was 
vested,    in   case    of    death,    removal,    resignation    or 

i  24  Stat.,  1. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      167 

inability  of  both  President  and  Vice-President,  in  the 
members  of  the  Cabinet  successively,  beginning  with 
the  Secretary  of  State,  but  no  Secretary  of  State 
has  yet  been  called  upon  to  perform  the  duties  of 
President. 

The  Act  of  1792  not  only  provided  for  the  succession 
to  the  Presidency,  but  also  for  the  means  by  which  one 
elected  to  that  office  or  to  the  Vice-Presidency  might 
decline  to  serve  and  by  which  the  holder  of  either 
office  might  resign.    In  the  eleventh  section  it  said  :1 

That  the  only  evidence  of  a  refusal  to  accept  or  of  a  resig- 
nation of,  the  office  of  President  or  Vice-President,  shall  be 
an  instrument  in  writing  declaring  the  same,  and  subscribed 
by  the  person  refusing  to  accept,  or  resigning,  as  the  case 
may  be,  and  delivered  into  the  office  of  the  Secretary  of  State. 

The  act  has  only  been  invoked  once — when  John  C. 
Calhoun  resigned  as  Vice-President  in  1832.  He 
wrote  Edward  Livingston,  the  Secretary  of  State,  the 
following  letter  (inadvertently  giving  the  initial  of 
his  Christian  name  incorrectly) : 

Columbia,  S.  Carolina, 

28th  Deer.,  1832. 
Sir, 

Having  concluded  to  accept  of  a  seat  in  the  Senate,  to 
which  I  have  been  elected  by  the  Legislature  of  this  State, 
I  herewith  resign  the  office  of  Vice-President  of  the  United 
States. 

Very  respectfully 
Your  ob  sert 
Hon.  H.  Livingston.2  J.  C.  Calhoun. 

1 1  Stat.,  241. 

2  Dept.  of  State  MSS.,  Miscl.  Letters. 


168  THE  DEPARTMENT  OF  STATE 

The  Secretary  of  State  did  not  acknowledge  the 
receipt  of  the  letter,  an  omission  doubtless  due  to 
oversight  on  his  part.  A  mere  acknowledgment  would 
have  exhausted  his  authority  and  duty.  He  could  not 
accept  or  refuse  the  resignation,  the  Vice-President 
not  being  within  his  authority  in  any  way.  The 
omission  to  acknowledge  the  receipt  of  the  resignation 
brought  forth  the  following  letter  from  Calhoun : 

Brown's  Hotel, 

4th  Jany.  1833. 
Sir, 

I  forwarded  to  your  Department  on  the  27th  Deer,  from 
Columbia,  So.  Carolina,  my  resignation  of  the  office  of  Vice- 
President  of  the  United  States,  in  conformity  to  the  provisions 
of  the  Act  of  Congress  in  such  cases.  I  wish  you  to  inform 
me  by  the  bearer  whether  it  has  been  received. 

Yours  respectfully, 
Yours  &c 

J.  C.  Calhoun. 
Hon.  Ed.  Livingston.1 

The  acknowledgment  was  doubtless  sent  by  the 
bearer,  but  it  is  not  of  record  in  the  Department. 

Not  less  important  than  the  duties  of  the  Depart- 
ment with  reference  to  the  Presidency  are  the  duties 
r-  I  which  it  must  perform  whenever  an  amendment  is 
I  proposed  to  the  Constitution  of  the  United  States. 
The   first   twelve    amendments    were   proposed    on 
June  8,  1789,  by  James   Madison,  in  the  House  of 
Representatives,2   the   Senate   concurring   September 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 
2  Annals  of  Cong.,  I,  424. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      169 

25,  on  which  day  the  two  houses  directed  that  the 
President  transmit  them  to  the  executives  of  the 
several  states  which  had  ratified  the  Constitution,  and 
to  North  Carolina  and  Rhode  Island,  which  had  not 
yet  done  so.1  The  Department  of  State  had  been 
established  for  ten  days  when  the  amendments  were 
proposed;  but  the  plan  for  their  submission  to  the 
states  had  been  completed  before  the  act  creating  the 
Department  had  been  considered,  so  no  agency  of  the 
Department  was  provided  for.  However,  the  second 
section  of  the  organic  act  of  the  Department  provided 
that  whenever  a  bill,  order,  resolution,  or  vote  of  the 
Senate  and  House  should  be  approved  by  the  Presi- 
dent, he  should  send  it  to  the  Secretary  of  State.  If 
it  was  passed  by  the  Senate  and  House  notwithstand- 
ing the  President's  disapproval,  it  should  be  sent  to 
the  Secretary  of  State  by  the  President  of  the  Senate 
or  Speaker  of  the  House. 

The  proposed  constitutional  amendments  were 
independent  of  the  President's  approval  or  disap- 
proval, but  they  seemed  to  fall  within  the  general 
purpose  of  an  act  which  was,  moreover,  entitled,  "An 
Act  to  provide  for  the  safe  keeping  of  the  Acts, 
Records  and  Seal,  of  the  United  States."  The 
President,  also,  had  already  begun  the  practice  of 
conducting  such  official  correspondence  as  did  not 
pertain  to  financial  or  military  affairs,  through  the 
Department  of  State,  and  it  naturally  fell  about  that 
the  proposed  amendments  were  sent  to  the  Governors 
of  the  states  through  the  State  Department  and  that 

i  Annals  of  Cong.,  I,  87,  88. 


170  THE  DEPARTMENT  OF  STATE 

the  replies  were  sent  to  that  Department  by  the 
President.  The  first  ratification  was  that  of  Mary- 
land, transmitted  to  the  President  by  the  Governor 
with  the  following  letter : 

Annapolis,  January  15th,  1790. 
Sir, 

I  have  the  honor  to  enclose  a  copy  of  an  Act  of  the  Legis- 
lature of  Maryland,  to  ratify  certain  Articles  in  addition  to 
and  amendment  of  the  Constitution  of  the  United  States  of 
America  proposed  by  Congress  to  the  Legislatures  of  the 
several  States. 

I  have  the  honor  to  be 

With  the  highest  respect,  Sir, 

Your  most  Obdt.  servant, 

J.  E.  Howard. 
His  Excellency 

The  President  of  the  United  States. 

This  letter  was  endorsed  in  the  Department: 

Transmitted  to  this  office,  by  order  of  the  President  of  the 
United  States,  Jany.  25th  1790.1 

Most  of  the  ratifications  appear  to  have  been 
sent  to  the  Department  from  the  President  without 
accompanying  note;  but  Vermont's  act  was  forwarded 
with  the  following: 

United  States,  Jan- 
uary 18th,  1792. 
T.  Lear  has  the  honor  to  transmit  to  the  Secretary  of  State, 
an  exemplified  Copy  of  an  Act  of  the  Legislature  of  Vermont 
(which  has  been  received  by  the  President  of  the  United 
States)    ratifying  the  Articles  of  Amendment  proposed  by 

i  Documentary  History  of  the  Constitution,  II,  330. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      171 

Congress  to  the  Constitution  of  the  United  States;  and  also 
a  letter  which  accompanied  said  ratification. 

Tobias  Lear, 
Secretary  to  the  President  of  the  United  States.1 

The  President  communicated  to  Congress  the  fact 
of  ratification  by  a  separate  message  for  each  state 
ratifying,  the  first  being  as  follows : 

United  States,  January  25,  1796. 
Gentlemen  of  the  Senate  and  House  of  Representatives : 

I  have  received  from  His  Excellency,  John  E.  Howard, 
Governor  of  the  State  of  Maryland,  an  Act  of  the  legislature 
of  Maryland  to  ratify  certain  articles  in  addition  to  and 
amendment  of  the  Constitution  of  the  United  States  of 
America,  proposed  by  Congress  to  the  legislatures  of  the 
several  States,  and  have  directed  my  secretary  to  lay  a  copy 
of  the  same  before  you,  together  with  the  copy  of  a  letter, 
accompanying  the  above  Act,  from  his  Excellency  the 
Governor  of  Maryland  to  the  President  of  the  United  States. 

The  originals  will  be  deposited  in  the  office  of  the  Secretary 
of  State. 

G.  Washington.2 


This  form  was  observed  substantially  in  all 
the  messages  announcing  ratification  of  these 
amendments. 

The  second  proposal  by  Congress  of  an  amendment 
to  the  Constitution — tbat  of  1793 — was  communicated 
to  the  governors  of  the  states  directly  by  the  Secretary 
of  State,  there  being  no  law  prescribing  otherwise,  and 
the  ratifications  or  rejections  were  addressed  to  him. 

i  Documentary  History  of  the  Constitution,  II,  373. 
2  Messages  and  Papers  of  the  Presidents,  I,  71. 


172  THE  DEPARTMENT  OF  STATE 

Such  states  as  failed  to  inform  him  of  their  action 
were  requested  to  do  so. 

The  Governor  of  South  Carolina  wrote : 

Sir, 

In  answer  to  your  favor  respecting  the  proceedings  of  our 
Legislature  on  the  recommendation  of  Congress  relative  to 
the  suability  of  a  State,  I  have  the  honour  to  inform  you 
that  our  Legislature  have  not  yet  decided  on  the  same,  hut 
that  I  intend  again  to  submit  it  to  their  consideration  at  their 
ensuing  session  in  November. 

With  respect,  I  am,  Sir, 

Your  most  obedient 
Charles  Pinckney. 
October  10:  1797. 
To  the  Honourable  Timothy  Pickering.1  In  Charleston. 

On  November  11,  1797,  the  Governor  of  Kentucky 
informed  the  Secretary  of  State  of  the  ratification  by 
that  state,  and  the  Secretary  reported  to  the  President 
that  three-fourths  of  the  states  had  now  adopted  the 
amendment.  The  President  thereupon  sent  the  report 
of  the  Secretary  to  Congress,  January  8,  1798,  with 
the  following  message: 

United  States, 
January  8,  1798. 
Gentlemen  of  the  Senate  and  Gentlemen  of  the  House  of 
Representatives : 
I  have  now  an  opportunity  of  transmitting  to  Congress  a 
report  of  the  Secretary  of  State,  with  a  copy  of  an  act  of  the 
legislature  of  the  State  of  Kentucky  consenting  to  the  ratifi- 
cation of  the  amendment  of  the  Constitution  of  the  United 
States  proposed  by  Congress  in  their  resolution  of  the  2d 

i  Documentary  History  of  the  Constitution,  II,  405. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      173 

day  of  December,  1793,  relative  to  the  suability  of  States. 
This  amendment,  having  been  adopted  by  three-fourths  of 
the  several  States,  may  now  be  declared  to  be  a  part  of  the 
Constitution  of  the  United  States. 

John  Adams.1 

This  was  the  only  formal  information  conveyed  on 
the  subject,  but  the  amendment  was  printed  in  the 
next  edition  of  the  federal  laws. 

The  next  amendment,  that  proposed  by  Congress  in 
1803,  was  sent  to  the  states  and  the  ratifications  were 
received  in  the  same  manner  as  the  amendment  of 
1794 ;  but  when  three-fourths  of  the  states  had  ratified 
it  the  Secretary  of  State  himself,  under  date  of 
September  25,  1804,  sent  a  circular  to  the  Governors 
of  the  several  states  informing  them  of  the  ratification.2 

Neither  the  President  nor  he  communicated  the 
result  to  Congress. 

The  next  amendment,  proposed  in  1809,  was  also 
sent  to  the  states  by  the  Secretary  of  State  and  reports 
of  their  action  were  received  by  him.  It  was  not 
ratified  by  three-fourths  of  the  states,  and  no  informa- 
tion of  its  rejection  was  formally  conveyed  to  Congress 
or  the  states. 

In  1818,  April  20,3  Congress  gave  direct  legislative 
sanction  to  the  agency  of  proposed  constitutional 
amendments,  by  providing  simply  that  when  official 
notice  should  be  received  at  the  Department  of  any 
amendment  to  the  Constitution  having  been  adopted 

i  Messages  and  Papers  of  the  Presidents,  I,  260. 
2  Documentary  History  of  the  Constitution,  II,  451. 
s  3  Stat.,  439. 


174  THE  DEPARTMENT  OF  STATE 

by  three-fourths  of  the  states,  the  Secretary  of  State 
should  forthwith  cause  the  amendment  to  be  published, 
enumerating  the  ratifying  states,  in  the  newspapers 
authorized  to  publish  the  laws,  and  it  should  then 
become  effective  for  all  purposes;  and  this  provision 
became  section  205  of  the  Eevised  Statutes  of  the 
United  States. 

The  first  amendment  offered  after  this  act  was  that 
of  1860,  which  followed  the  same  course  as  the  amend- 
ment proposed  in  1809,  being  also  rejected. 

When  the  amendment  of  1864  was  submitted  to  the 
states,  several  Governors  transmitted  their  ratifica- 
tions to  the  President  by  mistake,  but  they  were 
promptly  transferred  by  him  to  the  Department  of 
State.  The  amendment  was  simply  published  when  it 
had  been  ratified  by  three-fourths  of  the  states. 

After  the  first  amendment  proposed  in  1866  had 
been  acted  upon  by  the  states,  Secretary  of  State 
Seward  issued  the  following  proclamation: 

William  H.  Seward, 
Secretary  op  State  of  the  United  States, 

To  all  to  whom  these  presents  may  come  greeting: 

Whereas  the  Congress  of  the  United  States  on  or  about 
the  sixteenth  of  June,  in  the  year  one  thousand  eight  hundred 
and  sixty-six  passed  a  resolution  which  is  in  the  words  and 
figures  following,  to  wit : 

[Follows  the  joint  resolution  proposing  the  amendments.] 

And  whereas  by  the  second  section  of  the  Act  of  Congress, 

approved  the  twentieth  of  April,  one  thousand  eight  hundred 

and  eighteen,  entitled  ' '  An  Act  to  provide  for  the  publication 

of  the  laws  of  the  United  States  and  for  other  purposes,"  it 


OCCASIONAL  DUTIES  OF  DEPARTMENT      175 

is  made  the  duty  of  the  Secretary  of  State.  [Follows  the 
substance  of  the  Act.] 

And  whereas  neither  the  act  just  quoted  from  nor  any 
other  law,  expressly  or  by  conclusive  implication,  authorizes 
the  Secretary  of  State  to  determine  and  decide  doubtful 
questions  as  to  the  authenticity  of  the  organization  of  State 
legislatures  or  as  to  the  power  of  any  State  legislature  to 
recall  a  previous  act  or  resolution  of  ratification  of  any 
amendment  proposed  to  the  Constitution; 

And  whereas  it  appears  from  official  documents  on  file  in 
this  Department  that  the  amendment  to  the  Constitution  of 
the  United  States  proposed  as  aforesaid  has  been  ratified  by 
the  legislatures  of  [follows  the  names  of  twenty-three  States]  ; 

And  whereas  it  further  appears  from  documents  on  file 
in  this  Department  that  the  amendment  to  the  Constitution 
of  the  United  States  proposed  as  aforesaid  has  also  been 
ratified  by  newly  constituted  and  newly  established  bodies 
avowing  themselves  to  be,  and  acting  as  the  legislatures  of 
the  States  of  Arkansas,  North  Carolina,  Louisiana,  South 
Carolina  and  Florida; 

And  whereas  it  further  appears  from  official  documents 
on  file  in  this  Department  that  the  legislatures  of  two  of  the 
States  first  above  mentioned,  to  wit,  Ohio  and  New  Jersey, 
have  since  passed  resolutions  withdrawing  the  consent  of 
each  of  said  States  to  the  aforesaid  amendment,  and  whereas 
it  is  deemed  a  matter  of  doubt  and  uncertainty  whether  such 
resolutions  are  not  irregular,  invalid  and  therefore  ineffectual 
for  withdrawing  the  consent  of  the  said  two  States  or  of 
either  of  them  to  the  aforesaid  amendment ; 

And  whereas,  the  whole  number  of  States  in  the  United 
States  is  thirty-seven,  to  wit :  [follows  the  names  of  the 
states]  ; 

And  whereas  the  twenty-three  States  first  hereinbefore 
named,  whose  legislatures  have  ratified  the  said  proposed 
amendment,  and  the  six  States  next  thereafter  named,  as 
having  ratified  the  said  proposed  amendment  by  newly  con- 


176  THE  DEPARTMENT  OF  STATE 

stituted  and  established  legislative  bodies,  together  constitute 
three-fourths  of  the  whole  number  of  States  in  the  United 
States : 

Now  therefore,  be  it  known  that  I,  William  H.  Seward, 
Secretary  of  State  of  the  United  States,  by  virtue  and  in 
pursuance  of  the  second  section  of  the  Act  of  Congress 
approved  the  twentieth  of  April,  eighteen  hundred  and 
eighteen,  hereinbefore  cited,  do  hereby  certify  that,  if  the 
resolutions  of  the  legislatures  of  Ohio  and  New  Jersey 
ratifying  the  aforesaid  amendment  are  to  be  deemed  as 
remaining  of  full  force  and  effect  notwithstanding  the 
subsequent  resolutions  of  the  legislatures  of  those  States 
which  purport  to  withdraw  the  consent  of  said  States  from 
such  ratification,  then  the  aforesaid  amendment  has  been 
ratified  in  the  manner  hereinbefore  mentioned  and  so  has 
become  valid  to  all  intents  and  purposes  as  a  part  of  the 
Constitution  of  the  United  States. 

(seal)     In  testimony,  &c. 

Done,  &c.  this  twentieth  day  of  July  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and 
sixty-eight. 

William  H.  Seward, 

Secretary  of  State.1 

For  the  second  amendment  proposed  in  1866, 
Secretary  Seward  issued  a  proclamation  July  28, 
1868,  setting  forth  the  terms  of  the  amendment  and  a 
concurrent  resolution  of  Congress  of  July  21,  1868,2 
that  the  fourteenth  Article  had  been  ratified,  and 
proceeded : 

Now,  therefore,  be  it  known  that  I,  William  H.  Seward, 
Secretary  of  State  of  the  United  States,  in  execution  of  the 

i  Documentary  History  of  the  Constitution,  II,  783. 
2  15  Stat.,  709. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      177 

aforesaid  act  and  of  the  aforesaid  concurrent  resolution  of 
the  21st  of  July,  1868,  and  in  conformance  thereto,  do  hereby 
direct  the  said  proposed  amendment  to  the  Constitution  of 
the  United  States  to  be  published  in  the  newspapers  author- 
ized to  promulgate  the  laws  of  the  United  States,  and  I  do 
hereby  certify  that  the  said  proposed  amendment  has  been 
adopted  in  the  manner  hereinbefore  mentioned  by  the  States 
specified  in  the  said  concurrent  resolution,  namely,  the  States 
of  [naming  the  states],  the  States  thus  specified  being  more 
than  three-fourths  of  the  States  of  the  United  States. 

And  I  do  further  certify  that  the  said  amendment  has 
become  valid  to  all  intents  and  purposes  as  a  part  of  the 
Constitution  of  the  United  States. 

In  testimony,  &c. 

The  ratification  of  the  amendment  of  1868  was 
regularly  proclaimed  in  a  similar  manner  by  Secretary 
Hamilton  Fish,  March  30,  1870.1 

The  amendment  proposed  by  the  61st  Congress, 
1909,  was  sent  to  the  Governors  of  the  several  states 
with  the  following  letter: 

Department  of  State, 
Washington. 
His  Excellency 

The  Governor  of  the  State  of 

Sir: 

I  have  the  honor  to  enclose  a  certified  copy  of  a  Resolution 
of  Congress,  entitled  "Joint  Resolution  Proposing  an  amend- 
ment to  the  Constitution  of  the  United  States,"  with  the 
request  that  you  cause  the  same  to  be  submitted  to  the  Legis- 
lature of  your  State  for  such  action  as  may  be  had,  and  that 
a   certified   copy   of   such    action    be    communicated   to    the 

i  Documentary  History  of  the  Constitution,  II,  893. 


178  THE  DEPARTMENT  OF  STATE 

Secretary   of   State,    as   required    by   Section   205,    Revised 
Statutes  of  the  United  States. 

An  acknowledgement  of  the  receipt  of  this  communication 
is  requested. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

It  was  not  till  February  13,  1913,  that  the  Secretary 
of  State  was  able  to  proclaim  its  ratification.  The 
next  amendment,  proposed  in  1912,  was  ratified 
quickly,  the  Secretary  of  State's  proclamation  bearing 
date  March  31,  1913. 

It  remains  to  notice  as  interesting  among  the  less 
important  occasional  duties  of  the  Department,  its 
relation  towards  those  universal  or  international 
exhibitions  of  the  arts,  sciences,  and  products  of  the 
earth  which  are  held  from  time  to  time  in  this 
country  or  abroad.  The  degree  of  control  exercised 
by  the  federal  government  over  those  held  in  this 
country  has  varied  with  each  exhibition  and  has  never 
been  complete.  Foreign  nations  are  invited  to  par- 
ticipate by  the  Department  of  State,  through  its 
diplomatic  and  consular  representatives  or  through 
foreign  diplomatic  representatives  in  the  United 
States,  the  invitations  being  authorized  by  law  or 
sent  in  pursuance  of  the  general  duty  of  the  Depart- 
ment to  foster  laudable  American  enterprises;  but 
the  Department  is  not  responsible  for  the  conduct  of 
a  fair  and  does  not  prescribe  regulations  to  govern  it. 

The  first  of  the  expositions  held  in  this  country  was 
that  of  1853  at  New  York,  under  the  auspices  of  a 
local  board  of  directors  and  without  any  financial  or 


OCCASIONAL  DUTIES  OF  DEPARTMENT      179 

other  connection  with  the  general  government  beyond 
a  general  patronage ;  but  the  next  was  the  Centennial 
Exhibition  of  1876,  for  which  a  plan  was  adopted 
which  has  since  maintained  in  a  general  way  in  other 
important  American  international  fairs.  It  was 
provided,  in  the  first  section  of  the  Act  of  March  3, 
1871, 1  that  the  exhibition  should  be  held  "  under  the 
auspices  of  the  government  of  the  United  States,"  and 
a  commission  was  provided  for,  consisting  of  a  com- 
missioner and  an  alternate  from  each  of  the  states, 
appointed  by  the  President  upon  the  nomination  of 
the  several  Governors  of  the  states.  The  Secretary 
of  State  informed  the  Governors  of  the  provisions 
of  the  act,  received  the  nominations,  and  the  commis- 
sions signed  by  the  President  were  countersigned  by 
him  and  recorded  in  his  Department.  He  invited  the 
participation  of  foreign  governments  in  a  circular 
note  to  each  foreign  minister  in  Washington : 

Department  of  State, 

"Washington,  July  5,  1873. 
Sir, 

I  have  the  honor  to  inclose,  for  the  information  of  the 
Government  of  a  copy  of  the  President's  Procla- 

mation, announcing  the  time  and  place  of  holding  an  Inter- 
national Exhibition  of  Arts,  Manufactures,  and  Products  of 
the  Soil  and  Mine,  proposed  to  be  held  in  the  year  eighteen 
hundred  and  seventy-six. 

The  Exhibition  is  designed  to  commemorate  the  Declaration 
of  Independence  of  the  United  States,  on  the  one  hundredth 
anniversary  of  that  interesting  and  historic  national  event, 
and  at  the  same  time  to  present  a  fitting  opportunity  for 

i  16  Stat.,  470. 


180  TEE  DEPARTMENT  OF  STATE 

such  display  of  the  results  of  Art  and  Industry  of  all  nations 
as  will  serve  to  illustrate  the  great  advances  attained,  and 
the  successes  achieved,  in  the  interest  of  Progress  and 
Civilization  during  the  century  which  will  have  then  closed. 

In  the  law  providing  for  the  holding  of  the  Exhibition, 
Congress  directed  that  copies  of  the  Proclamation  of  the 
President,  setting  forth  the  time  of  its  opening  and  the  place 
at  which  it  was  to  be  held,  together  with  such  regulations 
as  might  be  adopted  by  the  Commissioners  of  the  Exhibition 
should  be  communicated  to  the  Diplomatic  Representatives 
of  all  nations.  Copies  of  those  regulations  are  herewith 
transmitted. 

The  President  indulges  the  hope  that  the  Government  of 
will  be  pleased  to  notice  the  subject  and  may  deem 
it  proper  to  bring  the  Exhibition  and  its  objects  to  the  atten- 
tion of  the  people  of  that  country,  and  thus  encourage  their 
co-operation  in  the  proposed  celebration.  And  he  further 
hopes  that  the  opportunity  afforded  by  the  Exhibition  of 
the  interchange  of  national  sentiment  and  friendly  inter- 
course between  the  people  of  both  nations  may  result  in  new 
and  still  greater  advantages  to  Science  and  Industry,  and 
at  the  same  time  serve  to  strengthen  the  bonds  of  peace  and 
friendship  which  already  happily  subsist  between  the 
Government  of  and  those  of  the  United  States. 

I  have  the  honor,  &c. 

Hamilton  Fish, 

Secretary  of  State.1 

Having  invited  the  participation  of  foreigners,  most 
of  the  correspondence  relative  to  exhibiting  was 
carried  on  directly  between  exhibitors  and  the  fair 
officials ;  and  such  complaints  as  were  made  by  foreign 
exhibitors  to  their  diplomatic  representatives  and  sent 
to  the  Secretary  of  State  were  referred  by  him  for 

i  World's  Fairs  from  London,  1851,  to  Chicago,  1893  (Norton),  41. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      181 

report  to  the  fair  officials ;  but  the  final  reports  of  the 
fair  were  made  to  the  Secretary  of  State,  who  sent 
them  to  Congress. 

The  Foreign  World's  Fair,  held  at  Boston  in  1883, 
was  entirely  in  private  hands,  but  the  government  by 
Act  of  June  28,  1882,1  allowed  the  foreign  exhibits  to 
be  admitted  free  of  duty,  a  course  which  it  has  pursued 
towards  all  important  fairs  in  this  country.  The 
Secretary  of  State  brought  the  exhibition  to  the 
attention  of  foreign  countries  in  the  manner  indicated 
by  the  following  letter : 

Gen.  C.  B.  Norton, 

Secretary  Foreign  Exhibition, 

Boston,  Mass.  [June,  1882.] 

Sir:— 

The  members  of  the  Massachusetts  Congressional  delega- 
tion have  visited  me  asking  the  countenance  of  the  govern- 
ment in  furtherance  of  the  proposed  Exhibition  of  Foreign 
Manufacturing,  Artistic  and  Industrial  Productions,  which 
it  is  proposed  to  hold  in  Boston  during  September,  October 
and  November  of  the  Present  year.  This  project  had  already 
been  brought  to  the  attention  of  this  government,  and  will 
be  supported  by  it  so  far  as  may  comport  with  the  fact  that 
it  is  local  rather  than  a  national  enterprise.  To  this  end,  I 
have  instructed  the  Diplomatic  representatives  of  the  United 
States  abroad  to  bring  the  subject  suitably  to  the  notice  of 
foreign  governments,  and  I  have  also  prepared  a  circular  of 
instructions  to  our  consuls  directing  them  to  give  publicity 
to  the  circulars  issued  by  your  association,  and  to  furnish 
intending  exhibitors  with  all  needful  information.  It  gives 
me  pleasure  to  acquaint  you  with  this  action,  and  to  request 
that  you  send  me,  with  as  little  delay  as  possible,  5000  copies 

i  22  Stat.,  116. 


182  THE  DEPARTMENT  OF  STATE 

of  your   descriptive   circular,   for   distribution   through   the 
ministers  and  consuls. 

Your  obedient  servant, 

Frederick  T.  Frelingiiuysen, 

Secretary  of  State.1 

The  Act  of  April  25,  1890,2  created  the  World's 
Columbian  Commission  for  the  World's  Fair  at 
Chicago  under  conditions  similar  to  those  imposed  in 
the  case  of  the  Centennial  Exposition.  The  Secretary 
of  State  called  the  commission  together  June  27,  1890, 
and  thereafter  acted  with  reference  to  the  fair  as  he 
had  done  in  the  case  of  the  Centennial  Exposition. 
The  same  course  has  been  pursued  towards  other  fairs. 

In  the  participation  of  the  United  States  in  foreign 
international  exhibitions,  the  Department  is  naturally 
the  official  medium,  but  the  practice  of  extending 
congressional  recognition  on  these  occasions  has 
varied  widely. 

There  was  no  national  representation  of  the  United 
States  at  the  Crystal  Palace  Exhibition  held  in  London 
in  1851,  which  was  the  first  of  the  great  World's  Fairs. 
Several  of  the  states  appointed  commissioners,  and 
the  exhibits  were  under  state  supervision,3  but  the  fair 
had  no  official  federal  recognition.  For  the  next  fair 
held  at  London,  that  of  1862,  a  joint  resolution  of  July 
27,    1861,4    authorized    the    President    to    take    such 

i  World's  Fairs  (Norton),  52. 

2  26  Stat.,  62. 

3  See  Report  of  Benj.  P.  Johnson,  Agent  of  the  State  of  New  York, 
appointed  to  attend  the  Exhibition  of  the  Industry  of  all  Nations  in 
London,  1851. 

4  12  Stat.,  328. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      183 

measures  as  should  seem  to  him  best  to  facilitate  a 
proper  representation  of  the  industrial  interests  of 
the  United  States,  $200,000  being  appropriated  for  the 
purpose. 

When  the  government  of  France  invited  the  United 
States  to  participate  in  a  universal  exposition  to  be 
held  in  1867,  Congress  authorized  and  requested  the 
Secretary  of  State  by  joint  resolution  of  January  16, 
1866,1  to  prescribe  general  regulations  concerning  the 
participation  of  the  United  States.  It  was  provided 
that  there  should  be  a  principal  agent  of  the  exposition 
in  New  York  and  professional  and  scientific  commis- 
sioners, appointed  by  the  President.  The  Department 
issued  these  appointments,  and  conducted  official 
correspondence  with  the  French  government;  but  the 
American  agent  and  commissioners  were  expected  to 
act  directly  with  exhibitors,  and  this  course  has  been 
pursued  with  reference  to  subsequent  foreign  fairs. 

The  Paris  Universal  Exposition  of  1878  furnishes 
an  example  of  the  course  usually  followed.  The  joint 
resolution  of  December  15,  1877,2  provided  for  a 
commissioner-general  "to  represent  the  United  States 
in  the  proposed  Exposition,"  who  was  to  make  all 
regulations  for  exhibitors  under  the  direction  of  the 
Secretary  of  State,  and  on  March  12,  1878,  Secretary 
William  M.  Evarts  issued  official  instructions  approv- 
ing the  rules  which  the  commissioner  had  prepared, 
laying  down  the  limitations  of  expenditures  and 
requiring  that  reports  on  the  exhibitions  be  made  to 

i  14  Stat.,  347. 
2  20  Stat.,  245. 


184  THE  DEPARTMENT  OF  STATE 

the  Secretary  of  State  in  a  form  fitted  to  transmit  to 
Congress  for  publication.1 

For  the  Paris  Exhibition  of  1889,  Secretary  T.  F. 
Bayard,  in  his  letter  of  instructions  to  the  com- 
missioner-general, General  William  B.  Franklin,  July 
6,  1888,  indicated  the  full  extent  of  the  Department's 
participation  in  the  affairs  of  the  exhibition. 

"The  Department,"  he  said,  "will  address  to  the 
Governor  of  each  State  and  Territory  an  official 
notification  in  the  language  of  the  resolution  of  Con- 
gress; and  the  heads  of  the  several  Departments  will 
be  consulted  as  to  the  possibility  of  official  cooperation. 
All  replies  to  these  communications  will  be  transmitted 
to  you." 

He  was  required  to  make  monthly  reports  of 
expenses  to  the  Department. 

The  Department's  circular  letter  to  the  Governors 
was  as  follows : 

Department  of  State, 

Washington,  July  3,  1888. 
Sir, 

By  a  joint  resolution  of  Congress,  approved  May  10,  1888, 
the  Government  of  the  United  States  accepted  the  invitation 
of  the  Republic  of  France  to  take  part  in  an  exposition  of 
works  of  art  and  the  products  of  manufactures  and  agricul- 
ture of  all  nations,  to  be  held  in  Paris,  commencing  the  5th 
day  of  May  and  closing  the  31st  day  of  October,  1889. 

I  have  the  honor  to  inclose  herewith  copies  of  the  joint 
resolution  referred  to,  and  in  accordance  with  its  terms  I 
would  request  you,  by  such  methods  as  you  may  deem  most 

i  Reports  of  Commissioners  to  the  Paris  Exposition  of  1878,  Vol.  I, 
introduction. 


OCCASIONAL  DUTIES  OF  DEPARTMENT      185 

suitable,  to  notify  the  people  of  your  State  to  assist  in  the 
proper  representation  of  the  productions  of  our  industry 
and  of  the  national  resources  of  our  country.  I  would  also 
suggest  that  you  take  such  further  measures  as  may  be 
necessary  in  order  to  secure  to  your  State  the  advantages 
to  be  derived  from  this  beneficent  undertaking. 

The  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  has  appointed  General  William  B.  Franklin  as 
Commissioner-General  to  the  Paris  Exposition,  and  the  office 
of  the  commission  is  now  established  at  No.  35  Wall  Street, 
New  York  City. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

T.  F.  Bayard. 

The  Act  of  May  22,  1908,1  accepted  the  invitation 
of  the  Japanese  government  to  participate  in  the 
exposition  to  be  held  in  that  country  in  1912 
( afterwards  postponed  by  Japan  to  1917 ) .  It  provided 
for  a  preliminary  survey  by  a  commission  of  three 
commissioners-general  who  should  act  under  the 
directions  of  the  Secretary  of  State. 

On  February  15,  1911,  the  President  was  authorized 
"to  invite  foreign  countries  to  participate  in  the 
Panama-Pacific  Exposition  in  1915  at  San  Francisco, 
Cal."  He  issued  his  proclamation  February  2,  1912, 
reciting  that  "satisfactory  proof  has  been  presented 
to  me  that  a  suitable  site  has  been  selected  for  the 
said  exposition  and  that  the  sum  of  not  less  than 
fifteen  million  dollars  will  be  available  to  enable  the 
Panama-Pacific  International  Exposition  Company" 
to  hold  the  exposition.     Wherefore  "all  the  nations 

i  35  Stat.,  183. 


186  TEE  DEPARTMENT  OF  STATE 

of  the  earth  are  invited  to  take  part  in  the  commemo- 
ration of  an  event  of  great  interest  and  importance 
to  the  world  by  appointing  representatives  to  the 
Panama-Pacific  International  Exposition,  and  sending 
thereto  such  exhibits  as  will  most  fitly  and  fully 
illustrate  their  resources,  their  industries  and  their 
I  progress  in  civilization. ' '  This  proclamation  has  been 
j  sent  to  foreign  countries  by  the  State  Department 
and  all  necessary  official  assistance  that  the  Exposi- 
tion Company  requires  in  dealing  with  foreign 
governments  is  rendered  by  the  Department. 


CHAPTER  VIII 

SUBDIVISIONS  OF  THE  DEPAETMENT 

I 

WHEN  the  old  government  gave  place  to  the 
new  in  1789,  the  state  papers  of  the  old 
Congress  were  placed  in  the  hands  of  Roger  Alden 
and  Henry  Remsen,  the  former  having  those  which 
related  to  domestic  affairs,  the  latter  those  relating  to 
foreign  affairs.  The  papers  were  turned  over  to  the 
Secretary  of  State  when  his  department  was  created. 
When  John  Jay  assumed  temporarily  the  direction 
of  the  Department,  he  put  Remsen  in  charge  of  the 
foreign  affairs  and  Alden  in  charge  of  its  domestic 
duties ;  and  when  Jefferson  entered  upon  the  office  of 
Secretary  of  State,  he  confirmed  this  arrangement, 
and  the  heads  of  these  subdivisions  held  equal  rank. 
His  estimates  for  the  expenses  of  his  Department  in 
1790  were  for  "The  Home  Office"  and  "The  Foreign 
Office";  but  after  Alden 's  resignation  on  July  25  of 
that  year  the  arrangement  of  a  single  chief  clerk, 
which  the  law  had  originally  contemplated,  was 
effected,  and  the  two  divisions  of  the  Department 
were  merged  under  Remsen.1  In  1802  William 
Thornton  was  put  in  charge  of  the  patent  business 
of  the  Department  and  that  became  the  first  distinct 

1  Ante,  p.  95. 


188  THE  DEPARTMENT  OF  STATE 

and  permanent  subdivision.  The  first  specific  appro- 
priation for  the  salaries  of  the  Secretary  and  officers 
(clerks)  of  the  Department  was  for  the  year  1792  and 
amounted  to  $6,300;*  and  it  rose  slightly  in  the  subse- 
quent years.2  The  compensation  of  the  chief  clerk 
had  been  fixed  by  law  at  $800,  but  the  Act  of  1794  gave 
him  an  additional  allowance  of  $200.3  No  clerk  could 
be  paid  more  than  $500  under  the  law,  until  the  Act 
of  1795  permitted  the  Secretaries  of  State,  Treasury, 
and  War  to  vary  the  compensation  according  to  the 
services  performed,  keeping  the  whole  expenditure 
within  the  appropriation,  but  no  principal  clerk  was  to 
receive  more  than  $1,000.4  In  1797  the  appropriations 
had  risen  to  $16,497.64.5  In  1799  the  salary  of  the 
Secretary  was  increased  to  $5,000,6  and  in  1801  there 
was  an  appropriation  of  fifteen  per  cent  over  the 
amount  appropriated  in  1799  to  the  clerks  in  the 
several  departments.7  Following  this  provision,  on 
June  25, 1801,  the  clerks  addressed  Secretary  Madison, 
asking  him  to  apportion  the  extra  allowance  among 
them.s  The  extra  allowances  occasionally  provided 
by  law  were  the  only  compensation  received  by  the 
clerks  beyond  their  regular  salaries,  and  the  custom 

1 1  Stat.,  226. 

2  See  Statement  of  Appropriations  and  Expenditures  of  the  Dept.  of 
State  from  1789,  Washington,  1777,  Ex.  Doc,  No.  38,  44th  Cong.,  2d 
Sess.,  Senate. 

3  1  Stat.,  392. 

4  1  Stat.,  443. 
s  1  Stat.,  498. 
e  1  Stat.,  729. 

7  2  Stat.,  117, 119. 

s  Madison  MSS.,  Lib.  Cong. 


SUBDIVISIONS  OF  THE  DEPARTMENT        189 

which  prevailed  in  England  among  the  clerks  in  the 
Foreign  Office  of  receiving  pecuniary  gifts  from 
foreign  ministers  never  became  the  practice  in 
Washington.  The  expectations  of  such  gifts  in 
London  are  indicated  by  the  following  letter  to  Rufus 
King,  American  envoy  at  London,  dated  January  15, 
1800: 

The  Clerks  of  the  Foreign  Office  present  their  respects  to 
Mr.  King  and  have  taken  the  liberty  of  directing  the  Bearer 
Mr.  Turner  to  wait  upon  His  Excellency  for  the  Christmas 
gratuity  usually  given  to  them  by  the  Foreign  Ministers.1 

As  the  organic  act  of  the  Department  provided  that 
the  Chief  Clerk  should  be  appointed  by  the  head  of  the 
Department,  so  were  the  inferior  clerks  appointed  by 
him  and  directly  responsible  to  him.  The  power  of 
the  President  as  the  head  of  the  executive  branch  of 
the  government  was  not  interfered  with  by  this 
arrangement,  however,  as  he  might  still  direct  the 
Secretary  to  appoint  or  remove  clerks  whenever  he 
chose  to  do  so.  This  power  has  been  exercised  freely 
by  some  Presidents  and  not  at  all  by  others,  the 
frequency  and  extent  of  the  use  depending  upon  the 
varying  dispositions  of  Presidents  and  circumstances 
which  seem  to  call  for  the  exercise  of  the  power.  Two 
examples  will  suffice  to  illustrate. 

The  first  is  from  Andrew  Jackson : 

The  President  with  his  respects  to  the  Secretary  of  State, 
begs  leave  to  draw  his  attention  to  a  regulation  adopted  by 
the  President  at  the  commencement  of  his  administration, 

i  Dept.  of  State  MSS.,  Passport  Letters,  I. 


190  THE  DEPARTMENT  OF  STATE 

to  wit,  that  where  any  officer  under  the  Government  con- 
tracted debts  and  failed  to  pay  them,  but  took  the  benefit  of 
the  insolvent  debtors  act,  he  should  be  forthwith  removed — 
report  has  been  made  that  such  violations  of  the  rule  have 
been  made  in  the  patent  office;  you  will  cause  the  necessary 
inquiries  to  be  made,  in  your  Department,  and  report  the 
same  to  me,  that  such  clerks  may  be  removed — The  enquiry 
will  only  be  to  debts  contracted  under  the  present  adminis- 
tration and  not  before. 

August  1st,  1831. 

Washington,  August  6,  1831. 
Sir: 

Lemuel  W.  Ruggles  Esq.,  clerk  in  the  "Patent  Office,"  is 
hereby  dismissed  from  office  as  it  has  been  reported  to  me 
that  he  has  taken  the  benefit  of  the  Insolvent  Debtors'  Act 
for  debts  contracted  during  my  administration.  The  heads 
of  Departments  are  charged  to  report  all  clerks,  who  are 
guilty  of  the  same  conduct,  to  the  President  for  dismissal. 

Very  Respectfully, 

Andrew  Jackson. 
Secretary  of  State.1 

A  second  example  was  furnished  in  1885,  when 
Thomas  F.  Bayard,  the  Secretary  of  State,  required 
the  Chief  Clerk,  Sevellon  A.  Brown,  to  resign,  saying 
that  the  President  had  directed  him  to  make  the 
request. 

The  executive  staff  of  the  Department  in  1790  has 
already  been  given.2  It  varied  little  from  year  to 
year,   separations  from  the   service  being   few.     In 

i  Papers  from  the  President,  1825  to  1832,  Dept.  of  State  MSS. 
2  Ante,  p.  96. 


SUBDIVISIONS  OF  THE  DEPARTMENT        191 

1800,  with  the   annual   salaries   received,   it  was   as 
follows : 


John  Marshall,  Secretary     . 

$5,000 

Jacob  Wagner,  Chief  Clerk 

1,500 

Hazen  Kimball,  Clerk 

900 

Joseph  Dennie,  Clerk 

800 

Christopher  S.  Thorn 

650 

John  C.  Miller  . 

600 

Stephen  Pleasonton 

600 

"William  Crawford 

600 

John  N.  Smith,  Clerk 

500 

John  Lee,  Messenger 

350 

Total 


$11,5003 


The  Act  of  April  21,  1806,2  required  the  Secretary 
of  State  to  report  to  Congress  at  the  beginning  of 
each  year  the  names  of  the  clerks  employed  and  the 
sum  paid  each;  and  this  report  of  the  Secretary  also 
indicated  the  duties  performed  by  each. 

REPORT. 

IN  pursuance  of  the  act  of  Congress,  entitled  "An  act  to 
regulate  and  fix  the  compensation  of  clerks, ' '  &c.  the  secretary 
of  state  has  the  honor  to  report  to  Congress,  the  annexed  list 
of  the  persons  employed  in  his  office,  and  to  state  that  the 
business  of  the  department  generally  is  in  a  state  of  pro- 
gressive increase;  that  particularly  the  business  relating  to 
patents  issued  for  useful  arts,  has  increased  at  the  rate  of 
doubling  in  four  years;  and  that  patents  for  lands,  and  the 
business  attending  the  impressment  of  American  seamen, 
have  also  much  increased.     It  is  his  opinion,  therefore,  that 

i  Madison  MSS.,  Lib.  Cong. 
2  2  Stat.,  397. 


192  THE  DEPARTMENT  OF  STATE 

the  public  service  would  be  promoted  by  a  provision,  at  least 
sufficient  for  the  employment  of  an  additional  clerk. 
All  which  is  respectfully  submitted. 

James  Madison. 
Department  of  State,' 
January  1,  1807. 

List  of  the  names  and  compensation  of  the  persons  employed 
in  the  Department  of  State,  in  the  year  1806,  viz. 

Mr.  Wagner,  $2,000. 

The  chief  clerk  distributes  the  business  among  the  others, 
and  superintends  its  execution,  under  the  direction  of  the 
secretary.  His  active  duties  are  diversified  according  to  the 
nature  and  pressure  of  the  general  business  of  the  depart- 
ment; and  among  them  may  be  particularized  his  assistance 
in  its  correspondence  upon  minor  subjects. 

Mr.  Brent,  $1,000. 

In  conjunction  with  Mr.  Smith,  he  attends  to  the  business 
of  impressed  seamen,  and  assists  in  collating  the  laws  pre- 
paratory to  their  publication,  which  he  superintends. 

Mr.  Pleasonton,  $906. 

Makes  out  and  records  patents  for  military  bounty  lands; 
for  lands  in  John  Cleves  Simmes'  tract;  exequaturs  for 
consuls;  all  civil  commissions,  and  commissions  for  militia 
officers  within  the  district  of  Columbia;  records  the  corre- 
spondence with  our  ministers  in  foreign  countries,  and 
transmits  the  laws  to  the  printers  for  promulgation. 

Mr.  Thom,  $881. 

Makes  out  and  records  Virginia  military  land  patents ;  pays 
the  awards  under  the  seventh  article  of  the  British  treaty, 
so  far  as  they  are  payable  in  the  department,  and  keeps  the 
contingent  accounts  of  the  department. 


SUBDIVISIONS  OF  THE  DEPARTMENT        193 

Mr.  Smith,  $800. 

Records  all  the  correspondence,  except  that  with  the 
ministers  abroad,  and  in  conjunction  with  Mr.  Brent,  attends 
to  the  business  relative  to  impressed  seamen,  and  to  collating 
the  laws,  previous  to  their  publication. 

Mr.  Forrest,  $800. 

Makes  out  and  records  patents  for  lands  sold  under  the 
direction  of  the  registers;  and  also,  passports  for  citizens 
going  abroad.  His  knowledge  of  the  French  language,  which 
he  speaks,  is  found  an  useful  quality. 

Mr.  I.  Gardner,  for  occasional  service  in  filling  up  |  ^9_ 
and  recording  land  patents, 

Among  other  business  too  various  to  be  detailed,  there  is 
a  considerable  quantity  of  copying,  particularly  of  corre- 
spondence with  our  ministers  and  agents  abroad,  frequently 
including  voluminous  documents:  This  is  performed  by  the 
gentlemen  of  the  office,  according  to  the  state  of  their  other 
engagements,  without  its  being  the  stationary  business  of  any. 

PATENTS  AND  COPY-RIGHTS. 

For  services  rendered  by  Dr.  Thornton,  in  superintending 
and  issuing  patents  for  useful  inventions  and  discoveries; 
in  securing  copy-rights,  &c.  &c.  a  compensation  has  been 
allowed  him  of  $1,400. 

Jacob  Wagner  had  been  appointed  Chief  Clerk  when 
Eenisen  resigned  in  1792,  having  been  selected,  as 
Jefferson  explained,  because  he  was  the  senior  clerk 
in  the  Department  and  was  familiar  with  its  duties.1 
No  political  considerations  influenced  his  selection, 
nor  did  they  effect  his  removal.  He  was  a  Federalist 
of  the  extreme  type  and  his  views  were  known.     On 

i  Jefferson  to  William  Barton,  April  1,  1792.  Writings  (P.  L.  Ford), 
V,  491. 


194  THE  DEPARTMENT  OF  STATE 

November  20,  1801,  William  P.  Gardner  informed  the 
President  of  Wagner's  political  opinions  and  the 
letter  was  sent  to  Madison,  but  Wagner  remained  in 
office  until  March  31,  1807.  After  his  retirement  he 
joined  the  opposition  actively  and  edited  the  North 
American  and  Mercantile  Daily  in  Baltimore  in  1808, 
which  in  the  following  year  became  the  Federal 
Republican,  one  of  the  most  violent  of  the  anti- 
administration  organs.  The  press  was  destroyed  by 
a  mob  June  22,  1812.1 

For  his  successor  the  Secretary  went  outside  of  the 
Department  staff  for  the  first  time,  and  selected  a 
personal  friend  in  John  Graham,  who  had  been  secre- 
tary of  legation  and  charge  d'affaires  at  Madrid  from 
1801  to  1804.  He  held  the  chief  clerkship  from  July 
1,  1807,  to  July  18,  1817,  when  he  was  appointed 
commissioner  to  Buenos  Ayres.  When  Madison  left 
the  Presidency  he  sent  a  letter  to  his  successor 
commending  Graham  and  explaining  how  he  had 
entered  the  State  Department: 

Washington,  Mar.  —  1817. 
Dear  Sir: 

Altho'  your  personal  and  official  acquaintance  with  Mr.  J. 
Graham,  be  well  known  to  me,  I  can  not,  on  the  occasion  of 
my  final  departure  from  the  public  service,  satisfy  myself, 
without  expressing  my  sense  of  his  great  merit. 

Mr.  Graham,  recommended  by  my  knowledge  of  his  public 
agency  abroad,  and  of  his  private  virtues,  was  invited  into 
the  Department  of  State,  as  the  chief  under  the  Head  of  it, 
whilst  the  Department  was  in  my  hands.  It  was  my  wish, 
more  than  his  own  that  was  gratified  by  his  appointment. 

i  Scharf,  Chronicles  of  Baltimore,  88,  315. 


SUBDIVISIONS  OF  THE  DEPARTMENT        195 

And  I  have  always  considered  it  as  the  effect  of  an  honor- 
able desire  to  serve  his  country,  combined  with  his  personal 
and  political  feelings,  that  he  remained  for  so  long  a  period, 
in  a  station  without  the  attractions,  which  could  otherwise 
have  detained  him  in  it. 

On  these  grounds,  and  from  continued  and  varied  oppor- 
tunities of  being  intimately  acquainted  with  Mr.  Graham, 
I  not  only  take  a  pleasure,  but  feel  an  obligation,  in  saying 
that  I  regard  him  as  among  the  most  worthy  of  men,  and 
most  estimable  of  citizens ;  as  adding  to  a  sound  and  discrimi- 
nating judgment,  a  valuable  stock  of  acquirements  adapted 
to  public  affairs ;  and  to  both,  a  purity  of  character,  a  delicacy 
of  sentiment,  and  an  amenity  of  temper  and  manners, 
exceeded  in  no  instance  to  which  I  could  refer. 

With  this  view  of  his  capacity  to  be  useful  to  his  country 
and  the  principles  guarantying  a  proper  exertion  of  it,  I 
can  not  but  hope  that  suitable  occasions  may  present  them- 
selves for  preventing  a  loss  to  the  public  of  the  services  of 
a  citizen,  so  highly  entitled  to  its  confidence. 
With  the  highest  consideration  & 

regard,  I  remain 
Yours 

James  Madison. 
The  President  of  the  U.  S.1 

During  Jacob  Wagner 's  incumbency  as  Chief  Clerk, 
there  were  destructive  fires  in  the  buildings  occupied 
by  the  Treasury,  War,  and  State  Departments;  but 
lie  saved  the  records  of  his  Department.2  His  suc- 
cessor, John  Graham,  was  one  of  several  who  saved 
them  again  from  fire  and  possibly  from  a  worse  fate 
than  fire. 

The  serious  danger  of  capture  of  the  city  of  Wash- 

i  Dept  of  State  MSS.,  Miscl.  Letters,  Vol.  55. 
2  Madison  MSS.,  Lib.  Cong. 


196  THE  DEPARTMENT  OF  STATE 

ington  in  the  second  year  of  the  War  of  1812  was 
realized  by  no  one  more  keenly  than  by  the  Secretary 
of  State,  James  Monroe.  As  President  Madison  had 
confidence  in  Monroe's  military  skill,  he  was  encour- 
aged to  make  a  personal  investigation  of  the  advance 
of  the  enemy  towards  the  city  in  the  summer  of  1814, 
and  he  left  the  city  for  that  purpose  on  the  evening  of 
August  19. 

On  the  following  clay  he  saw  the  British  forces  from 
an  eminence  near  Benedict  and  at  once  sent  a  note 
by  a  vidette  to  his  department  directing  the  officers 
to  save  the  records.  The  next  day  John  Graham, 
Stephen  Pleasonton,  and  Josias  W.  King  packed  them 
in  bags  prepared  for  the  purpose.1  Mr.  Pleasonton 
told  the  story  many  years  afterwards : 

Whereupon,  he  says,  I  proceeded  to  purchase  coarse  linen, 
and  cause  it  to  be  made  into  bags  of  convenient  size,  in  which 
the  gentlemen  of  the  office,  assisted  by  me,  placed  the  books, 
and  other  papers,  after  which  I  obtained  carts,  and  had  them 
conveyed  to  a  grist  mill,  then  unoccupied,  belonging  to  Mr. 
Edgar  Patterson,  situated  a  short  distance  on  the  Virginia 
side  of  the  Potomac,  beyond  the  Chain  bridge,  so  called,  two 
miles  above  Georgetown. 

Whilst  engaged  in  the  passage  of  the  building  with  the 
papers,  the  Department  of  State  being  on  one  side,  and  the 
War  Department  on  the  other  side  of  the  passage,  General 
Armstrong,  then  Secretary  of  War,  on  his  way  to  his  own 
room,  stopped  a  short  time,  and  observed  to  me,  that  he 
thought  we  were  under  unnecessary  alarm,  as  he  did  not 
think  the  British  were  serious  in  their  intentions  of  coming 
to  Washington.  I  replied  that  we  were  under  a  different 
belief  and  let  their  intentions  be  what  they  might,  it  was  the 

1  National  Intelligencer,  June  10,  1867. 


SUBDIVISIONS  OF  THE  DEPARTMENT        197 

part  of  prudence  to  preserve  the  valuable  papers  of  the 
Revolutionary  Government,  comprising  the  Declaration  of 
Independence,  the  laws,  the  secret  journals  of  Congress,  then 
not  published,  the  correspondence  of  General  Washington, 
his  commission  resigned  at  the  close  of  the  war,  the  corre- 
spondence of  General  Greene  and  other  Generals,  as  well  as 
all  the  laws,  treaties,  and  correspondence  of  the  Department 
of  State  since  the  adoption  of  the  Constitution  down  to  that 
time. 

Considering  the  papers  unsafe  in  the  mill,  as,  if  the  British 
forces  got  to  Washington,  they  would  probably  detach  a  force 
for  the  purpose  of  destroying  a  foundry  for  cannon  and 
shot  in  its  neighborhood,  and  would  be  led  by  some  evil  dis- 
posed person  to  destroy  the  mill  and  papers  also,  I  proceeded 
to  some  farm  houses  in  Virginia,  and  procured  wagons  in 
which  the  books  and  papers  were  deposited,  and  I  proceeded 
with  them  to  the  town  of  Leesburg,  a  distance  of  35  miles, 
at  which  place  an  empty  house  was  procured,  in  which  the 
papers  were  safely  placed,  the  doors  locked,  and  the  keys 
given  to  the  Rev.  Mr.  Little  John,  who  was  then  or  had  been, 
one  of  the  collectors  of  internal  revenue. 

Being  fatigued  with  the  ride,  and  securing  the  papers,  I 
retired  early  to  bed,  and  was  informed  next  morning  by  the 
people  of  the  hotel  where  I  staid,  that  they  had  seen,  the 
preceding  night,  being  the  24th  of  August,  a  large  fire  in  the 
direction  of  Washington,  which  proved  to  be  a  light  from 
the  public  buildings  the  enemy  had  set  on  fire,  and  burned 
them  to  the  ground. 

On  the  26th  August  I  returned  to  Washington,  and  found 
the  President's  house  and  public  offices  still  burning,  and 
learned  that  the  British  army  had  evacuated  the  city  the 
preceding  evening,  in  the  belief  that  our  forces  were  again 
assembling  in  their  rear,  for  the  purpose  of  cutting  off  their 

retreat 

As  a  part  of  the  British  fleet  soon  afterwards  ascended 
the  Potomac,  and  plundered  Alexandria  of  a  large  quantity 


198  THE  DEPARTMENT  OF  STATE 

of  flour  and  tobacco,  threatening  Washington  at  the  same 
time  with  a  second  invasion,  it  was  not  considered  safe  to 
bring  the  papers  of  the  State  Department  back  for  some 
weeks.  Not,  indeed,  until  the  British  fleet  generally  had  left 
the  waters  of  the  Chesapeake.  In  the  meantime,  it  was  found 
necessary  for  me  to  proceed  to  Leesburg  occasionally,  for 
particular  papers,  to  which  the  Secretary  of  State  had  occasion 
to  refer  in  the  course  of  his  correspondence.1 

The  record  is  silent  on  the  subject  of  the  disposition 
made  of  the  great  seal  at  this  time,  and  apparently 
it  was  not  taken  with  the  archives.  Certain  it  is, 
however,  that  it  escaped  injury.  It  was  impressed 
upon  the  proclamation  issued  by  the  President  on 
September  1,  according  to  the  recital;  but  that 
proclamation  is  not  of  official  record.  If  it  had  been 
with  the  records  which  Pleasonton  carried  to  Lees- 
burg, it  is  probable  that  he  would  have  mentioned  the 
fact.  Pleasonton  was  the  actual  keeper  of  the  seal, 
however,  as  the  commission  clerk,  and  it  seems 
probable  that  he  hid  it  in  Washington  and  brought  it 
out  again  when  the  President  returned.  No  effort 
was  made  to  remove  the  models  of  the  Patent  Office; 
they  were  too  numerous  and  too  bulky  to  justify  the 
attempt ;  but  the  day  before  the  entrance  of  the  British 
into  the  city  Dr.  Thornton  removed  the  records  to  his 
farm,  and  when  the  work  of  destruction  by  the  enemy 
was  in  progress  he  successfully  interceded  with  the 
British  officers  to  abandon  their  purpose  of  burning 
the  models  of  inventions  useful  to  mankind.2 

i  Samuel  Pleasonton  to  W.  H.  Winder,  Jr.,  August  7,  1848.  E.  D. 
Ingraham,  Sketch  of  the  Events  which  preceded  the  Capture  of 
Washington,  Philadelphia,  1849. 

2  Thornton  Papers,  Lib.  of  Cong.  MSS. 


SUBDIVISIONS  OF  THE  DEPARTMENT        199 

An  official  report  on  the  saving  of  the  records  was 
made  by  Secretary  Monroe  on  November  17 : 

Report  of  the  Secretary  of  State,  of  the  loss  of  hooks, 
papers,  &c.  occasioned  by  the  incursion  of  the  enemy  in  the 
month  of  August  1814;  made  pursuant  to  an  order  of  the 
house.  November  17,  1814.  Bead,  and  ordered  to  lie  on  the 
table. 

THE  acting  secretary  of  state,  in  compliance  with  the 
resolution  of  the  house  of  representatives  of  the  24th  ult. 
requesting  such  information  as  may  be  in  the  power  of  the 
several  departments  to  afford,  in  relation  to  the  destruction 
of  official  books  and  papers  in  their  departments,  respectively, 
in  consequence  of  the  incursion  of  the  enemy  in  the  month 
of  August,  1814,  has  the  honor  to  report : 

That  when  it  became  apparent  from  the  movements  of  the 
enemy,  after  his  debarkation  at  Benedict,  that  his  destination 
was  the  seat  of  government,  every  exertion  was  made,  and 
every  means  employed,  for  the  removal  of  the  books  and 
papers  of  this  office,  to  a  place  of  safety ;  and  notwithstanding 
the  extreme  difficulty  in  obtaining  the  means  of  conveyance, 
it  is  believed,  that  every  paper  and  manuscript  book  of  the 
office,  of  any  importance,  including  those  of  the  old  govern- 
ment and  all  in  relation  to  accounts,  were  placed  in  a  state 
of  security.  That  it  was  not  found  practicable,  however,  to 
preserve  in  like  manner,  the  volumes  of  laws  reserved  by 
congress  for  future  disposition;  many  of  the  books  belonging 
to  the  library  of  the  department,  as  well  as  some  letters  on 
file  of  minor  importance  from  individuals  on  business  mostly 
disposed  of,  which  were  unavoidably  left,  and  shared  the  fate, 
it  is  presumed,  of  the  building  in  which  they  were  deposited. 

All  which  is  respectfully  submitted, 

James  Monroe. 
Department  of  State, 
November  14,  1814. 


200  THE  DEPARTMENT  OF  STATE 

John  Quincy  Adams  reported  some  years  later  that 
a  volume  of  instructions  to  marshals  for  1800  had 
been  lost.1 

The  injuries  actually  inflicted  upon  the  official 
records  at  Washington  through  the  capture  of  the 
city  by  the  British  have  been  stretched  to  cover  a 
multitude  of  losses  from  other  causes.  So  far  as  the 
State  Department  is  concerned,  the  vigilance  of 
Monroe  and  of  Pleasonton  and  his  colleagues  pre- 
vented any  destruction  of  important  irreplaceable 
archives.  That  they  deserve  public  gratitude  for  this 
will  be  realized  if  the  mind  is  permitted  to  imagine 
the  indelible  shame  which  would  have  followed  if  they 
had  been  less  loyal  and  resourceful,  and  Cockburn 
and  Ross  had  carried  away  with  them,  as  trophies 
of  their  exploit,  the  original  of  the  Declaration  of 
Independence  and  the  Constitution  of  the  United 
States. 

When  Graham  retired  as  chief  clerk  his  place  was 
taken  on  April  21,  1817,  by  Daniel  Brent,  and  John 
Quincy  Adams,  entering  upon  the  duties  of  Secretary 
of  State  on  September  22  of  that  year,  confirmed  the 
assignment  because  of  Brent's  previous  service  in  the 
Department.2 

There  were  still  no  subdivisions  in  the  Department, 
except  so  far  as  the  Patent  Office  was  one.  Adams 
found  the  correspondence  in  great  confusion  because 
of  the  want  of  system,  and  introduced  certain  improve- 
ments   in    registering    and    indexing    incoming    and 

i  Diary,  V,  134. 
2  Ibid.,  IV,  9. 


SUBDIVISIONS  OF  THE  DEPARTMENT 


201 


outgoing  mail.  The  business  had  greatly  increased; 
the  force  of  the  Department  had  been  enlarged;  the 
salaries  were  higher.  In  1820  the  officers  and  salaries 
were : 


John  Quincy  Adams,  Secretary  of  State 

Daniel  Brent,  Chief  Clerk 

Richard  Forrest,  Clerk 

John  B.  Colvin,  Clerk 

Josias  "W.  King,  Clerk 

Moses  Young,  Clerk 

John  Barley,  Clerk 

Andrew  T.  McCormick,  Clerk 

Fontaine  Maury,  Clerk  . 

Thomas  L.  Thurston,  Clerk 

George  E.  Ironside,  Clerk 

Win,  Elliot,  Clerk  of  Patent  Office 

Joseph  Waring,  Messenger,  State  Dept 

Robert  Fenwick,  Messenger,  Patent  Office 

William  Mane,  Asst.,  State  Office  . 


$6,000 

per  annum 

2,000 

i  i       < 

1,600 

i  c       i 

1,400 

<  i       i 

1,400 

i  i       i 

1,400 

i  t       i 

1,400 

i  i       t 

1,400 

1 1       ( 

1,000 

i  i       i 

800 

i  i       i 

800 

i  i       i 

1,000 

i  t       i 

410 

1 1       i 

250 

i  c       i 

300 

i  i       i 

$21,160 


The  Chief  Clerk's  salary  had  been  increased  to 
$2,000  per  annum  by  the  appropriation  Act  of  April 
20,  1818,1  and  the  following  year  (Act  of  February  20, 
1819),  the  Secretary's  compensation  was  raised  to 
$6,000.2  Up  to  the  year  1853  the  Chief  Clerk  was  the 
second  officer  in  the  Department,  and  was  not  only  the 
head  of  the  executive  force  but  acted  as  Secretary 
when  his  chief  was  absent.  Daniel  Brent  held  the  office 
for  twenty-six  years,  until  August  8, 1833,  when  he  was 

i  3  Stat.,  445. 
2  3  Stat.,  484. 


4 


202  THE  DEPARTMENT  OF  STATE 

appointed  consul  at  Paris.  His  successors  passed  in 
and  out  of  the  office  in  rapid  succession,  until  Robert 
S.  Chew  was  appointed  May  8,  1855,  remaining  in 
office  until  his  death,  August  2,  1873. 

In  1853,  by  Act  of  March  3,  provision  was  made  for 
an  Assistant  Secretary  of  State  at  $3,000  per  annum,1 
the  Act  of  July  25,  1866,  created  the  office  of  Second 
Assistant  Secretary  at  $3,500  per  annum,  increasing 
the  Assistant  Secretary's  salary  at  the  same  time;  the 
Act  of  June  30,  1875,  added  the  Third  Assistant 
Secretary  at  the  same  compensation. 

The  Act  of  August  12,  1848,  provided  that  a  clerk, 
whose  compensation  should  be  $2,000  per  annum,  be 
assigned  to  the  duty  of  examining  claims  presented 
to  the  Department  of  State  of  American  citizens 
against  foreign  governments,  and  by  Act  of  July  25, 
1866,  the  office  of  Examiner  of  Claims,  with  an  annual 
salary  of  $3,500  was  established.2  It  was  abolished 
by  the  Act  of  July  20,  1868,3  and  re-established  May 
27,  1870,4  and  when  the  Department  of  Justice  was 
organized  June  22,  1870,  the  office  was  transferred  to 
its  nominal  jurisdiction,  the  nature  of  the  duties, 
however,  remaining  undisturbed.  By  Act  of  March  3, 
1891,  the  title  was  changed  to  Solicitor  for  the  Depart- 
ment of  State.5  He  was  the  law  officer  of  the 
Department  from  the  time  the  office  was  created, 
rendering  opinions  upon  questions  of  law  when  the 

i  10  Stat.,  212. 

2  14  Stat.,  226. 

3  15  Stat.,  96. 

i  16  Stat.,  378. 
s  26  Stat,  945. 


SUBDIVISIONS  OF  THE  DEPARTMENT        203 

Secretary  directed  him  to  do  so  and  having  super- 
vision of  all  questions  relating  to  claims. 

In  the  expansion  of  the  Department's  business, 
certain  clerks  were  assigned  to  certain  branches  of  it, 
and  from  this  division  of  labor  came  the  establishment 
of  the  bureaus  or  divisions;  but  there  were  no  such 
bureaus  or  divisions  recognized  by  title  or  regular 
arrangement  until  Secretary  Louis  McLane  submitted 
a  formal  memorandum  on  the  subject  of  his  Depart- 
ment to  President  Andrew  Jackson  on  August  29, 
1833.  He  had,  he  said,  upon  entering  upon  the  duties 
of  his  office,  caused  a  report  to  be  made  to  him  upon 
the  condition  of  the  business  of  the  Department  with 
a  view  to  more  perfect  organization,  and  had  drawn 
up  regulations  which  he  submitted  for  the  President's 
approval.  He  invited  attention  to  the  "Magnitude 
of  the  archives  of  the  Diplomatic  Bureau,"  and  the 
necessity  for  larger  accommodations,  observing  that 
each  of  the  other  bureaus  was  at  a  similar  disad- 
vantage. He  accordingly  recommended  that  the  Fifth 
Auditor's  office,  which  was  occupying  three  rooms 
contiguous  to  those  appropriated  to  the  Department 
of  State,  be  moved  to  the  new  building  about  to  be 
rented  to  the  government.  The  President  approved 
the  report  and  ordered  that  its  recommendations  be 
carried  out. 

The  following  arrangement  of  the  "gentlemen 
employed,  the  distribution  of  their  duties,  and  rules 
for  their  performance, ' '  were  directed  to  be  observed : 

Chief  Clerk.  His  duties  were  to  be  "such,  in  all 
respects,  as  pertain  to  an  Under  Secretary  of  State." 


204  THE  DEPARTMENT  OF  STATE 

He  was  to  exercise  an  immediate  superintendence  of 
the  bureaus,  to  see  to  the  distribution  of  the  letters 
and  other  communications  and  report  all  acts  of 
misconduct  or  omission  to  the  Secretary. 

The  Diplomatic  Bureau.  It  was  to  attend  to  all 
notes  and  instructions,  prepare  letters  of  credence  and 
treaties,  receive,  register,  and  file  all  dispatches. 
The  duties  were  to  be  divided  among  three  clerks,  one 
to  have  charge  of  the  missions  to  England,  France, 
Russia,  The  Netherlands ;  another  to  index  the  instruc- 
tions and  the  dispatches  and  have  especial  charge  of 
the  missions  to  all  other  countries  in  Europe.  The 
third  was  to  have  especial  charge  of  the  missions  to 
countries  in  North  and  South  America.  An  index  of 
all  the  business  was  to  be  carefully  kept,  and  a 
synopsis  of  the  state  of  each  mission ;  besides  a  register 
of  daily  transactions,  occurrences,  and  communications 
relative  to  the  business  of  the  bureau.  A  general 
weekly  correspondence  was  to  be  kept  up  with  each 
of  the  missions  abroad,  containing  general  informa- 
tion of  a  foreign  and  domestic  character. 

Consular  Bureau.  It  was  to  have  charge  "of  all 
business  generally  appertaining  to  the  Consular  con- 
cerns of  the  Departments."  Indexes,  registers,  and 
synopses  were  to  be  kept,  as  in  the  Diplomatic  Bureau. 
Two  clerks  were  to  perform  all  the  duties. 

Home  Bureau.  One  clerk  was  to  perform  the 
duties,  which  were  to  file  and  register  all  domestic 
correspondence,  authenticate  certificates  under  the 
Department  seal,  and  keep  the  registers  of  seamen 
and  arrivals  of  passengers  from  foreign  ports. 


SUBDIVISIONS  OF  THE  DEPARTMENT        205 

Bureau  of  Archives,  Laws,  and  Commissions.  It 
was  to  keep  and  arrange  the  archives,  make  out  and 
record  commissions,  have  charge  of  the  rolls  of  laws, 
their  publication  and  distribution,  and  also  of  the 
messages  of  the  President  and  reports  of  Heads  of 
Departments,  and  all  applications  for  office.  Ordi- 
narily one  clerk  was  to  perform  the  duties,  but 
another  was  to  assist  when  the  publication  and  dis- 
tributing of  the  laws  was  in  progress,  and  for  the 
present  to  arrange  and  put  in  complete  order  the 
archives  and  papers. 

Bureau  of  Pardons,  and  Remissions,  and  Copyrights 
and  of  the  Care  of  the  Library.  One  clerk  was  to 
perform  the  duties,  preparing  the  pardons  for  signa- 
ture, receiving  all  copyrights  directed  by  law  to  be 
deposited  in  the  Department,  collecting  the  statutes 
of  the  different  states  and  caring  for  the  Library. 

Disbursing  and  Superintending  Bureau.  One  clerk 
was  to  perform  the  duties  of  making  purchases, 
keeping  the  accounts,  and  paying  out  the  appropria- 
tions, and  keeping  the  seal  of  the  United  States  and 
of  the  Department. 

Translating  and  Miscellaneous  Bureau.  It  was  to 
translate  "all  letters,  papers,  and  documents  of  every 
description  whatsoever  relating  to  the  business  and 
duties  of  the  Department. ' '  It  was  also  to  enter  upon 
the  mail-books  all  communications  received  at  the 
Department;  to  make  out  and  record  personal  and 
special  passports,  and  write  the  letters  on  that 
subject,    correspond    with    the    dispatch    agent,    file 


206  THE  DEPARTMENT  OF  STATE 

miscellaneous  letters.  One  clerk  was  to  perform  the 
duties. 

Beside  this  definite  arrangement,  two  clerks  in  the 
Secretary's  office  were  to  copy  generally  and  render 
such  assistance  to  the  other  clerks  as  might  be 
necessary  from  time  to  time. 

One  unassigned  clerk  was  to  temporarily  assist  in 
Bureau  of  Archives. 

The  arrangement  of  clerks  in  the  Patent  Office  was 
to  remain  unaltered  for  the  present. 

Notwithstanding  the  arrangement  set  forth,  the 
Secretary  was  to  be  free  to  direct  any  clerk  to  perform 
such  duties  as  he  saw  fit. 

The  hours  of  business  were  to  be  from  10  a.m.  to 
3  p.m.,  during  which  hours  no  clerk  was  to  be  absent, 
without  special  permission. 

All  business  was  to  be  treated  as  strictly  confiden- 
tial. All  communications,  except  as  to  matters  of 
accounts,  to  and  from  the  Secretary,  with  the  gentle- 
men employed  in  the  Department,  were  to  be  made 
through  the  chief  clerk,  unless  otherwise  invited  by 
the  Secretary. 

"A  particular  and  minute  Register"  was  ordered 
to  be  kept,  under  the  direction  of  the  chief  clerk,  of 
the  receipt  of  letters  and  communications  and  of  their 
daily  disposition,  and  of  the  Department's  action. 

A  similar  register  was  to  be  kept  by  each  bureau. 

All  business  referred  to  the  respective  bureaus  was 
to  be  finally  acted  upon  and  disposed  of  on  the  day  of 
reference  unless  impracticable   for  good  cause,   "so 


SUBDIVISIONS  OF  THE  DEPARTMENT        207 

that  the  business  of  one  clay  shall  not  be  left  to 
accumulate  for  another. ' ' 

Copies  of  papers  on  file  were  in  no  case  to  be 
furnished  to  individuals  having  an  interest  in  them; 
"and  no  copy  of  any  letter  relating  to  the  Diplomatic 
or  Consular  Bureau  shall  be  at  any  time  furnished  to 
any  one,  without  express  direction  of  the  President 
of  the  United  States,  or  of  the  Secretary  of  State. ' ' 

No  one  was  to  write  any  letters  relative  to  Depart- 
ment business  without  the  Secretary's  approbation. 

Leave  of  absence  for  a  longer  period  of  time  than 
twenty-four  hours  must  be  requested  of  the  Secretary 
in  writing.1 

John  Forsyth,  who  succeeded  McLane  the  following 
year,  modified  the  distribution  of  duties,  his  order 
taking  effect  October  31,  1834. 

The  Home  Bureau  was  enlarged.  One  division  was 
to  register  the  returns  of  passengers  from  foreign 
ports,  the  abstracts  of  registered  seamen  and  prepare 
the  annual  statements  thereof  for  Congress;  also  to 
record  the  domestic  and  miscellaneous  correspondence ; 
and  to  have  custody  of  treaties  and  foreign  presents 
permitted  to  be  shown  to  visitors.  Under  another 
clerk  was  all  the  domestic  correspondence  of  the 
Department  not  pertaining  to  any  other  bureau,  and 
he  was  to  prepare  and  record  commissions,  prepare 
statements  of  vacancies  occurring  and  of  expiring 
commissions,  to  make  out  and  record  exequaturs,  to 
receive  and  file  applications  for  office,  to  prepare 
certificates  to  be  authenticated  under  the  seal  of  the 

i  Papers  from  the  President,  1833  to  1836,  Dept.  of  State  MSS. 


208  THE  DEPARTMENT  OF  STATE 

Department,  and  to  keep  the  seals  of  the  United 
States  and  of  the  Department.  Another  clerk  had 
charge  of  the  petitions  for  pardons  and  remissions 
of  sentence  and  passports  and  correspondence  relative 
thereto,  and  kept  a  daily  register  of  all  letters  received 
other  than  diplomatic,  of  their  disposition,  and  of  the 
action  of  the  Department  thereon.  To  make  the 
proper  entries  in  this  register  each  bureau,  except 
the  diplomatic,  was  required  to  send  to  the  Home 
Bureau  the  purport  of  all  answers  to  letters  as  soon 
as  prepared,  or,  if  no  answer  was  to  be  given,  must 
state  the  disposition  made  of  the  letter.  The  register 
was  to  be  submitted  daily  to  the  Secretary.  Another 
clerk  was  to  file  and  preserve  the  returns  of  copy- 
rights and  register  the  copyrighted  books,  and  prepare 
the  letters  relating  thereto ;  also  to  record  reports  to 
the  President  and  two  Houses  of  Congress  and  assist 
in  recording  and  copying  generally.  What  had  been 
the  Bureau  of  Archives,  Laws  and  Commissions  was 
abolished  and  the  office  of  the  Keeper  of  the  Archives 
took  its  place,  with  one  clerk  who  was  to  have  charge 
of  the  Archives  of  the  Department,  other  than  Diplo- 
matic and  Consular,  and  their  arrangement  and  the 
correspondence  relative  thereto.  He  also  had  in  his 
care  the  rolls  of  the  laws  and  their  recording, 
publication,  and  distribution,  and  the  distribution 
of  public  documents. 

The  Translator  and  Librarian  was  to  make  the 
translations  and  perform  the  duties  of  librarian. 
Instead  of  the  Disbursing  and  Superintending  Bureau 
was  substituted  the  Disbursing  Agent,  who  was  to 


SUBDIVISIONS  OF  THE  DEPARTMENT        209 

have  charge  of  all  the  disbursements  and  purchases, 
under  the  control  of  the  President  and  Secretary  of 
State.1 

i  Circulars,  Dept.  of  State,  54.  j^- — 


"\ 


CHAPTER  IX 

SUBDIVISIONS  OF  THE  DEPAKTMENT 
II 


IN   his    first   annual   message,    December    8,    1829, 
President  Andrew  Jackson  said: 

The  great  and  constant  increase  of  business  in  the  Depart- 
ment of  State  forced  itself  at  an  early  period  upon  the 
attention  of  the  Executive.  Thirteen  years  ago  it  was,  in  Mr. 
Madison's  last  message  to  Congress,  made  the  subject  of  an 
earnest  recommendation,  which  has  been  repeated  by  both 
of  his  successors;  and  my  comparatively  limited  experience 
has  satisfied  me  of  its  justness.  It  has  arisen  from  many 
causes,  not  the  last  of  which  is  the  large  addition  that  has 
been  made  to  the  family  of  independent  nations  and  the 
proportionate  extension  of  our  foreign  relations.  The  remedy 
proposed  was  the  establishment  of  a  home  department — a 
measure  which  does  not  appear  to  have  met  the  views  of 
Congress  on  account  of  its  supposed  tendency  to  increase, 
gradually  and  imperceptibly,  the  already  too  strong  bias  of 
the  federal  system  towards  the  exercise  of  authority  not 
delegated  to  it.  I  am  not,  therefore,  disposed  to  revive  the 
recommendation,  but  am  not  the  less  impressed  with  the 
importance  of  so  organizing  that  Department  that  its  Secre- 
tary may  devote  more  of  his  time  to  our  foreign  relations. 
Clearly  satisfied  that  the  public  good  would  be  promoted  by 
some  suitable  provision  on  that  subject,  I  respectfully  invite 
your  attention  to  it.1 

i  Messages  and  Papers  of  the  Presidents,  II,  461. 


SUBDIVISIONS  OF  THE  DEPARTMENT        211 

The  recommendation  of  President  Madison  to  which 
General  Jackson  referred,  was  in  his  message  of 
December  3,  1816,  and  was  for  "an  additional  depart- 
ment in  the  executive  branch  of  the  Government," 
which  should  be  "charged  with  duties  now  over- 
burdening other  departments  and  with  such  as  have 
not  been  annexed  to  any  department."1  He  did  not 
specifically  allude  to  the  needs  of  the  Department  of 
State.  Monroe  and  Adams  made  recommendations 
similar  to  Madison's. 

Jackson's  interest  in  the  Department,  as  we  have 
seen,  took  shape  through  his  Secretary  of  State,  in 
the  first  systematic  subdivision  in  1833,  which  was 
improved  upon  in  1834.  In  1836  the  Department  was 
further  systematized  by  Secretary  John  Forsyth. 

The  Following  Arrangement  op  the  Gentlemen  Em- 
ployed, the  Distribution  op  Their  Duties,  and  Rules 
for  Their  Performance,  Will  Be  Observed  in  the 
Department  of  State,  from  and  After  the  30th  of 
November,  1836. 2 

1.     THE  CHIEF  CLERK 

The  duties  of  this  officer  will  be  such,  in  all  respects,  as 
appertain  to  an  Under  Secretary  of  State.  He  will  exercise 
an  immediate  superintendence  over  the  duties  of  the  respect- 
ive Bureaux,  and  over  those  employed  in  them.  He  will 
receive  the  directions  of  the  Secretary  on  matters  requiring 
the  action  of  the  Department.  He  will  promptly  report  all 
acts  of  negligence  or  misconduct  to  the  Secretary.  By  the 
act  of  27th  July,  1789,  the  Chief  Clerk  is  to  be  employed  in 

1  Messages  and  Papers  of  the  Presidents,  I,  577. 

2  Circulars,  Dept.  of  State. 


212  THE  DEPARTMENT  OF  STATE 

the  Department  as  the  Secretary  shall  deem  proper,  and  is 
to  have  the  charge  and  custody  of  all  records,  books,  and 
papers  appertaining  to  the  Department,  whenever  the 
Secretary  shall  be  removed  from  office,  or  in  any  other  case 
of  vacancy. 

Mr.  holds  the  appointment  of  Chief  Clerk,  at  an 

annual  salary  of  $ 

2.     THE  DIPLOMATIC  BUREAU 

Will  have  charge  of  the  correspondence  between  the 
Department  and  the  Ministers  and  other  Diplomatic  Agents 
of  the  United  States;  and  also  between  the  Department  and 
the  Ministers  and  other  Diplomatic  Agents  of  foreign  powers 
in  the  United  States;  will  copy  and  record  the  diplomatic 
despatches  prepared  in  the  Department,  and  file  and  preserve 
those  received  at  the  Department;  prepare  and  record  cre- 
dential letters ;  prepare  treaties  for  signature,  ratification  and 
exchange,  and  proclamations  of  treaties,  and  record  the  same, 
and  prepare  such  drafts  of  letters  as  may  be  necessary;  and 
generally  will  attend  to  all  matters  appertaining  to  the 
diplomatic  affairs  of  the  United  States. 

An  index  will  be  kept  for  each  mission,  in  which  the  pur- 
port of  each  despatch  prepared  or  received  at  the  Department, 
is  to  be  promptly  entered. 

The  record  of  the  communications  made  by  the  Department 
of  State  to  each  mission  from  or  to  the  United  States,  will  be 
kept  in  a  separate  book. 

A  synopsis  of  the  concerns  of  each  mission  will  be  kept, 
and  continued  monthly,  or  oftener  if  required. 

There  will  be  kept,  besides,  a  daily  register  of  all  commu- 
nications received  to  be  filed  in  this  Bureau,  and  of  the  action 
of  the  Department  thereon,  and  of  each  communication 
prepared  in  the  Bureau  in  relation  to  diplomatic  affairs; 
the  substance  of  each  communication  to  be  stated  as  briefly 
as  possible.  In  this  register  will  be  noted  such  other  matters 
as  may  be  directed;  this  register  will  be  daily  submitted  to 


SUBDIVISIONS  OF  THE  DEPARTMENT        213 

the  Secretary.  Newspapers,  and  such  documents  published 
by  this  Government  as  may  be  useful,  will  be  transmitted  to 
the  several  missions  abroad,  of  which  transmission  a  note 
shall  be  made  in  the  register. 

In  this  Bureau  will  be  regularly  kept  a  record  of  the 
arrival  of  Foreign  Ministers,  Charges  d 'Affaires,  and  Consuls 
General,  the  date  of  their  presentation,  the  time  of  their 
leaving  the  Government,  and  the  circumstances  of  their 
departure. 

The  duties  of  this  Bureau  will  be  performed  by  three 
Clerks,  viz : 

Mr.  ,  at  an  annual  salary  of  $  ,  will  have 

special  charge  of  the  missions  to  and  from,  and  the  relations 
with  England,  France,  Russia,  and  the  Netherlands. 

Mr.  ,  at  an  annual  salary  of  $  ,  will  have 

special  charge  of  the  missions  to  and  from,  and  the  relations 
with,  all  the  other  countries  in  Europe,  Asia,  and  Africa,  and 
of  the  Consular  affairs  with  Tripoli,  Tunis,  and  Morocco. 

Mr.  ,  at  an  annual  salary  of  $  ,  will  have 

special  charge  of  the  missions  to  and  from,  and  the  relations 
with,  the  countries  in  North  and  South  America. 

3.     THE  CONSULAE  BUEEAU 

Will  have  charge  of  the  correspondence  with  the  Consuls 
of  the  United  States;  will  record  all  communications  made 
to  them  by  the  Department,  and  file  and  preserve  all  those 
received  from  them,  together  with  their  statements  and 
reports,  and  generally  have  charge  of  all  business  appertaining 
to  the  Consular  concerns  of  the  Department. 

An  index  will  be  kept  for  each  Consulate,  in  which  the 
purport  of  each  communication  to  or  from  the  Department 
is  to  be  properly  entered.  A  daily  register  will  also  be  kept, 
in  which  the  Consular  communications  will  be  noted  as  soon 
as  they  are  received,  with  the  action  of  the  Department 
thereon :  this  register  will  be  daily  submitted  to  the  Secretary. 


214  THE  DEPARTMENT  OF  STATE 

The  record  of  the  communications  made  by  the  Depart- 
ment to  the  Consuls  within  the  limits  of  each  independent 
Government  in  Europe  and  America,  will  be  kept  in  a 
separate  book,  with  the  exception  of  those  in  Turkey. 

The  communications  made  to  the  several  consuls  in  Asia, 
and  in  the  dominions  of  the  Ottoman  Porte,  will  be  recorded 
in  one  book. 

In  this  Bureau  will  be  kept  a  Digest  of  the  Commercial 
Regulations  of  each  foreign  country  with  which  the  United 
States  have  intercourse.  The  Digest,  compiled  under  a 
resolution  of  the  House  of  Representatives  of  the  3d  of  March, 
1831,  will  be  the  basis,  as  far  as  it  goes;  and  all  corrections, 
additions,  and  alterations  reported  by  the  Consuls  or  trans- 
mitted by  the  Diplomatic  Agents  of  the  United  States,  will 
be  promptly  and  carefully  entered  in  books  to  be  kept  for 
that  purpose.  To  aid  in  completing  this  Digest,  such  publi- 
cations as  contain  authentic  information  on  the  subjects  in  it 
are  to  be  sent  to  this  Bureau  from  time  to  time,  as  received, 
by  the  librarian,  and  extracts  from  despatches  and  papers 
by  the  Diplomatic  Bureau. 

The  business  of  this  Bureau  will  be  performed  by  three 
Clerks,  viz : 

Mr.  ,  at  an  annual  salary  of  $  ,  will  have 

special  charge  of  the  Consulates  in  England,  France,  Russia, 
and  the  Netherlands,  and  their  respective  colonies. 

Mr.  ,  at  an  annual  salary  of  $  ,  will  have 

special  charge  of  the  Consulates  in  all  the  other  countries  in 
Europe  and  Asia,  and  their  colonies. 

Mr.  ,  at  an  annual  salary  of  $  ,  will  have 

special  charge  of  the  Consulates  in  all  the  independent 
States,  in  North  and  South  America,  "West  Indies,  and  Islands 
of  the  Pacific. 

4.     THE  HOME  BUREAU 

1.  Will  take  charge  of  and  register  the  returns  of  passen- 
gers from  foreign  ports,  and  the  abstracts  of  registered 
seamen,  and  prepare  annual  statements  thereof  for  Congress. 


SUBDIVISIONS  OF  THE  DEPARTMENT        215 

It  will  be  charged  with  recording  the  domestic  and 
miscellaneous  correspondence. 

It  will  have  the  care  of  those  treaties  and  foreign  presents 
which  are  permitted  to  be  shown. 

The  duties  of  this  division  of  the  Bureau  will  be  performed 
by  one  Clerk,  Mr.  ,  at  a  salary  of  $ 

2.  This  Bureau  will,  also,  have  charge  of  all  the  domestic 
correspondence  of  the  Department,  which  does  not  appertain 
to  the  business  of  some  other  Bureau,  and  will  file  and 
register  the  letters  received,  on  the  business  confided  to  the 
Bureau. 

It  will  have  charge  of  making  out  and  recording  commis- 
sions; of  preparing  statements  of  vacancies  occurring,  and 
of  expiring  commissions;  of  making  out  and  recording 
exequaturs  granted  to  Consuls;  of  receiving  and  filing  appli- 
cations for  office ;  of  preparing  certificates  to  be  authenticated 
under  the  seal  of  the  Department. 

It  will  have  charge  of  the  seals  of  the  United  States  and 
of  the  Department  of  State. 

It  will  also  be  charged  with  collecting  and  preserving,  in 
the  library  of  the  Department,  the  statutes  of  the  different 
States,  required  by  law  to  be  collected  and  preserved  in  the 
Department. 

6.     THE  TRANSLATOR 

Will  be  charged  with  translating  all  letters,  papers,  and 
documents  in  a  foreign  language,  relating  to  the  business 
and  duties  of  the  Department.  The  translation  is  to  be  made 
immediately  after  the  receipt  of  the  original,  and  is  to  be 
filed  with  it  in  the  proper  Bureau. 

He  will  also  be  charged  with  such  other  duties  as  may 
from  time  to  time  be  assigned  to  him. 

These  duties  will  be  performed  by  one  Clerk,  Mr.  , 

at  an  annual  salary  of  $ 


216  THE  DEPARTMENT  OF  STATE 

7.     THE  DISBURSING  AGENT 

Will  be  charged  with  making  purchases  for  the  Depart- 
ment, and  disbursing  the  fund  for  its  expenses,  including  the 
expense  of  publishing  and  distributing  the  laws;  also  with 
making  payments  when  specially  authorized,  from  such 
appropriations,  under  the  control  of  the  President  and 
Secretary  of  State,  as  are  placed  in  his  hands  for  disburse- 
ment ;  also  with  preparing  for  the  signature  of  the  Secretary, 
and  registering  requisitions  for  the  payment  of  the  author- 
ized drafts  of  Ministers  and  Agents  abroad.  He  will  prepare 
and  record  the  correspondence  relating  to  the  business  with 
which  he  is  charged.  He  will,  also,  make  proper  entries,  in 
one  or  more  books  to  be  kept  for  that  purpose,  of  all  moneys 
received  and  disbursed  by  him,  under  each  head  of  appro- 
priation, and  will  render  accounts  thereof  quarterly  for 
settlement  at  the  Treasury. 

These  duties  will  be  performed  by  one  Clerk,  Mr.  , 

at  a  salary  of  $ 

Mr.  is  also  Superintendent  of  the  building  occupied 

by  the  Department,  for  which  he  receives  an  annual  compen- 
sation of  $ 


Notwithstanding  the  foregoing  particular  distribution  of 
duties,  each  Clerk  will,  from  time  to  time,  perform  such  other 
duties  as  the  pjihlic  service  may  render  necessary,  and  as 
shall  be  directed  by  the  Secretary.  And  if,  at  any  time,  any 
gentleman  finds  that  the  duties  assigned  to  him  are  insuffi- 
cient to  occupy  him  during  office  hours,  he  will  report  the 
fact  to  the  Secretary. 

The  business  of  each  Bureau  will  be  preserved  in  confidence 
by  the  person  or  persons  employed  therein;  and  all  business 
committed  to  any  of  the  Clerks,  will  be  by  them  treated  as 
of  a  confidential  nature,  and  on  no  occasion  whatever  to  be 
divulged. 


SUBDIVISIONS  OF  THE  DEPARTMENT        217 

No  diplomatic  communications,  nor  any  others  of  a  confi- 
dential or  important  character,  will  be  sent  for  signature 
by  the  messengers. 

The  records  and  papers  of  the  Department  are  to  be  kept 
in  locked  cases,  except  when  in  actual  use. 

On  ordinary  occasions,  communications  between  the  Secre- 
tary of  State  and  the  gentlemen  employed  in  the  Department, 
and  applications  for  information  or  direction,  excepting  as 
to  matters  of  account,  will  be  made  through  the  Chief  Clerk, 
unless  specially  invited  by  the  Secretary. 

All  letters  and  other  communications  received  at  the 
Department  will  be  acknowledged,  and,  where  necessary, 
answered  in  detail,  as  soon  as  practicable  after  they  are 
received. 

All  business  referred  to  the  respective  Clerks  will  be  finally 
acted  upon  and  disposed  of  on  the  day  of  the  reference, 
unless  for  good  cause,  to  be  made  apparent;  so  that  the 
business  of  one  day  shall  not  be  left  to  accumulate  for  another. 

Copies  of  papers  on  file  or  of  record  in  the  Department 
shall  not  be  given  except  to  individuals  having  an  interest 
in  them,  or  at  their  request;  and  no  copy  of  any  letter  or 
despatch  relating  to  the  business  of  the  Diplomatic  or  Consular 
Bureau,  shall  be  given  without  the  express  direction  of  the 
President  of  the  United  States,  or  of  the  Secretary  of  State. 

No  letter  will  be  written  relative  to  the  business  of  the 
Department  without  the  approbation  of  the  Secretary. 

A  report  will  be  made  to  the  Secretary  as  soon  as  practi- 
cable, by  each  Clerk,  of  the  actual  state  of  his  business, 
accompanied  with  a  list  of  the  books  of  record  in  his  charge, 
and  their  present  condition. 

No  Clerk  will  be  absent  from  the  Department  between  the 
hours  of  9  a.m.  and  3  p.m.  each  day,  (unless  in  case  of  sick- 
ness,) without  special  permission.  The  Department  will  also 
be  kept  open  for  the  transaction  of  business  from  8  o'clock  to 
9,  and  from  3  o'clock  to  6,  between  the  1st  of  October  and 
the  1st  of  April;  and  from  8  o'clock  to  9,  and  from  3  o'clock 


218  THE  DEPARTMENT  OF  STATE 

to  4,  between  the  1st  of  April  and  the  1st  of  October  during 
which  hours  such  attendance  will  be  given  as  the  Secretary- 
may  deem  necessary  to  the  public  service.  When,  from 
indisposition  or  any  unforeseen  cause,  the  attendance  of  any 
Clerk  during  the  day  may  be  impracticable,  he  will  give  the 
earliest  notice  thereof  to  the  Chief  Clerk.  If  any  one  shall 
desire  leave  of  absence  for  a  longer  period  than  twenty-four 
hours,  he  will  submit  his  application  to  the  Secretary,  in 
writing,  noting  the  reasons  of  his  request,  and  the  length  of 
time  he  desires  to  be  absent. 

All  foreign  newspapers,  after  they  shall  have  been  perused 
by  the  Secretary  and  Chief  Clerk,  shall  be  committed  to  the 
Diplomatic  Bureau;  and  such  articles  as  may  be  deemed 
worthy  of  the  particular  notice  of  the  Secretary,  are  to  be 
marked,  and,  if  in  a  foreign  language,  translated  and  sub- 
mitted to  the  Secretary.  Foreign  newspapers  are  not  to  be 
lent  to  persons  unconnected  with  the  Department,  without 
the  permission  of  the  Secretary. 

These  rules  will  be  altered  or  modified,  or  added  to,  from 
time  to  time,  as  the  state  of  the  service  may  require,  and  as 
the  Secretary  may  in  his  judgment  direct. 

John  Forsyth, 

Secretary  of  State. 

This  arrangement  of  the  Department  obtained,  with 
minor  modifications,  for  thirty-four  years,  until  the 
reorganization  effected  by  Hamilton  Fish  in  1870. 
Besides  the  clerks  regularly  assigned  to  the  bureaus 
under  the  plan  of  1836,  were  a  number  of  extra  clerks 
employed  in  varying  department  duties.  On  February 
— ,  1845,  Secretary  John  C.  Calhoun  wrote  to  the 
Committee  on  Ways  and  Means  of  the  House  of 
Representatives,  saying  that  in  1818  there  had  been 
ten  regular  clerks  in  the  Department,  in  1827  thirteen, 


SUBDIVISIONS  OF  THE  DEPARTMENT        219 

and  that  there  were  then  fourteen;  but  that  the 
increasing  duties  of  the  Department  had  been  per- 
formed by  extra  clerks  appropriated  for  by  single 
acts  or  joint  resolutions  of  Congress.  When  he  wrote 
there  were  eight  of  these  extra  clerks.1 

The  number  of  regular  clerks  was  increased  by  one 
in  1849;  in  1852  it  had  reached  eighteen;  in  1857  it 
was  twenty-two ;  in  1859,  twenty-four.  After  that  year 
it  remained  almost  stationary  for  twelve  years,2  until 
the  Act  of  March  3,  1873,  gave  statutory  recognition 
to  the  existence  of  the  bureaus.  By  the  Act  of  March 
3,  1853,  section  3,3  the  clerks  in  the  executive  depart- 
ments, except  the  Department  of  State,  were  classified ; 
and  the  Act  of  March  3,  1855,  section  4,  brought  that 
Department  within  the  scheme: 

That  from  and  after  the  thirtieth  of  June,  1855,  the  Secre- 
tary of  State,  be,  and  he  is  hereby  authorized  and  required 
to  cause  the  examination,  classification  and  distribution,  of 
the  clerks  in  the  Department  of  State,  in  the  same  manner 
as  directed  in  other  executive  departments  by  the  provisions 
contained  in  the  third  section  of  the  Act  entitled  'An  Act 
making  appropriations  for  the  civil  and  diplomatic  expenses 
of  government,'  approved  third  March,  1853,  who  shall  be 
paid  annual  salaries  according  to  the  act  amendatory  thereof, 
approved  twenty-second  April,  1854.  And  the  whole  perma- 
nent clerical  force  in  said  department  shall  consist  of  three 
clerks  of  class  one,  two  of  class  two,  eight  of  class  three,  eight 
of  class  four,  and  one  chief  clerk,  in  lieu  of  those  now  author- 
ized by  law ;  and  one  of  the  said  clerks  of  class  four  shall  give 

i  Annual  Report,  American  Historical  Association,  1899,  p.  641. 
2  The  Bieniiial  Eegisters  and  Department  Kegisters  furnish  the  per- 
sonnel of  the  Department, 
s  10  Stat.,  209. 


220  TEE  DEPARTMENT  OF  STATE 

bonds  as  required  by  tbe  Independent  Treasury  Act,  and 
make  the  disbursements  for  the  department,  and  superintend 
the  northeast  executive  building,  and  shall  receive  therefor 
two  hundred  dollars  per  annum,  in  addition  to  his  salary  as 
clerk  of  class  four :  Provided  that  the  increased  salary  hereby 
allowed  the  chief  clerk  shall  be  construed  to  take  effect  from 
the  first  of  July,  1853,  and  be  paid  accordingly.1 

The  Act  of  March  3,  1853,  had  provided  for  chief 
clerks  of  the  Departments,  each  at  $2,200  per  annum. 
The  rates  of  pay  of  the  classes  of  clerks  were  fixed 
by  the  same  act  as :  class  one,  $900  per  annum ;  class 
two,  $1,200 ;  class  three,  $1,500 ;  class  four,  $1,800.  The 
salary  of  class  one  was  raised  to  $1,200,  of  class  two 
to  $1,400,  and  of  class  three  to  $1,600  by  Act  of  April 
22,  1854,  section  1." 

The  bureaus  of  the  Department  had  always  been 
subordinate  to  the  Chief  Clerk,  and  his  superior 
authority  was  specifically  set  forth  in  the  Act  of 
August  26,  1842,  which  is  still  in  force : 

Each  Chief  Clerk  of  the  several  departments,  shall  super- 
vise, under  the  direction  of  his  immediate  superior,  the  duties 
of  the  other  clerks  therein,  and  see  that  they  are  faithfully 
performed.3 

Excluding  from  the  count  all  officers  above  the  rank 
of  chief  of  bureau  and  below  that  of  clerk  and  all 
temporary  employees,  it  appears  that  the  number  of 
regular  clerks  in  the  Department  in  1865  was  twenty- 
five;  in  1870,  the  same;  in  1876,  forty-five;  in  1880, 
the  same;  in  1892,  sixty-one;  in  1898,  sixty-five;  in 

i  10  Stat,  669. 
2  10  Stat,  276. 
s  K.  S.,  U.  S.,  sec.  173. 


SUBDIVISIONS  OF  THE  DEPARTMENT        221 

1904,  eighty-five;  in  December,  1910,  one  hundred  and 
fifty- six. 

Following  the  subdivisions  in  detail:  in  1837  the 
office  of  librarian  was  separated  from  that  of  trans- 
lator and  in  1839  no  one  held  the  title  of  Librarian. 
In  that  year  a  Bureau  of  Exequaturs  and  Commissions  *  *  1 
was  added,  which  in  1841  disappeared,  and  the  trans- 
lator and  librarian  were  again  combined.  This 
arrangement  was  changed  in  1847  when  the  commis- 
sion clerk  and  librarian  were  combined.  In  1849 
the  "Claims  Clerk"  was  added,  ranking  above  the 
bureaus,  and  the  translator  and  librarian  were  again 
combined,  the  commission  clerk's  office  being  made 
separate.  In  1853  the  librarian  was  left  out  of  the 
arrangement,  and  in  1855,  under  the  classification 
required  by  law,  all  the  bureaus  disappeared  from  the 
official  roster,  which  specified  the  following  order: 
The  Secretary,  the  Assistant  Secretary,  Chief  Clerk, 
clerks  of  the  fourth  class,  clerks  of  the  third  class, 
clerks  of  the  second  class,  clerks  of  the  first  class, 
superintendent  of  commercial  statistics,  under  resolu- 
tion of  Congress  at  $2,000  per  annum,  superintendent 
of  the  packing  room,  messenger,  assistant  messenger, 
and  watchmen.  In  1857  the  clerks  were  preceded  by 
a  disbursing  clerk  and  the  superintendent  of  statistics, 
both  having  been  provided  for  by  law.  Thus  the  order 
continued  until  1867,  when  the  Second  Assistant 
Secretary  and  examiner  of  claims  were  put  in  above 
the  Chief  Clerk,  the  superintendent  of  the  packing 
room  being  omitted,  and  the  commissioner  of  immi- 
gation  was  added,  with  the  superintendent  of  immigra- 


222  THE  DEPARTMENT  OF  STATE 

tion  stationed  at  New  York  under  him.  In  1869  the 
examiner  of  claims  and  superintendent  of  statistics 
were  dropped. 

Notwithstanding  the  omission  of  the  bureaus  from 
the  official  list  from  1855  to  1870,  they  had,  in  fact, 
continued  to  exist  as  a  necessity  in  the  transaction  of 
the  Department's  business,  and  the  chiefs  continued 
to  enjoy  their  titles  and  authority  in  Department 
administration. 

Hamilton  Fish  became  Secretary  of  State  March  11, 
1869,  and,  acting  under  the  general  authority  conferred 
upon  him  by  law  as  the  head  of  the  Department,  he 
reorganized  the  staff,  and  in  1870  formally  divided  it 
as  follows: 

I  Chief  Clerk's  Bureau.  It  was  to  have  custody  of 
the  archives  and  rolls,  distribution  of  the  mail,  and 
indexing  of  the  records.  The  clerks  in  the  bureau  were 
designated:  senior  index  clerk,  two  index  clerks,  a 
keeper  of  rolls,  and  an  assistant  keeper  of  rolls.  The 
whole  force  of  the  bureau  was  six. 
3-  First  Diplomatic  Bureau.  It  was  to  have  charge  of 
diplomatic  correspondence  with  Austria,  Belgium, 
Denmark,  China,  France,  Great  Britain,  Japan,  the 
Netherlands,  North  Germany,  Portugal,  Spain, 
Sweden  and  Norway,  and  Switzerland.  It  was 
under  the  superintendence  of  the  Assistant  Secretary, 
and  the  duties  were  performed  by  the  chief  of  bureau 
and  two  clerks. 

Second  Diplomatic  Bureau.  It  had  diplomatic  cor- 
respondence with  Latin-American  countries,  the 
Barbary  States,  Egypt,  Greece,  the  Hawaiian  Islands, 


SUBDIVISIONS  OF  THE  DEPARTMENT        223 

Italy,  Liberia,  Russia,  and  Turkey,  and  was  under  the 
superintendence  of  the  Second  Assistant  Secretary. 
The  duties  were  performed  by  the  chief  of  bureau  and 
two  clerks. 

H  First  Consular  Bureau.  It  had  correspondence 
with  consuls  in  the  countries  which  were  also  under 
the  jurisdiction  of  the  First  Diplomatic  Bureau,  and 
was  under  the  superintendence  of  the  Assistant  Secre- 
tary. A  chief  of  bureau  and  three  clerks  performed 
the  duties. 

Second  Consular  Bureau.  It  had  correspondence 
with  consuls  in  the  countries  which  fell  under  the 
jurisdiction  of  the  Second  Diplomatic  Bureau  and  was 
under  the  superintendence  of  the  Second  Assistant 
Secretary.  A  chief  of  bureau  and  two  clerks  per- 
formed the  duties. 

k  Law  Bureau  (from  the  Department  of  Justice).  It 
comprised  simply  the  Examiner  of  Claims,  whose  duty 
it  was  to  examine  all  legal  questions  submitted  to  him 
by  the  Secretary  or  the  Assistant  Secretaries. 

Bureau  of  Accounts.  It  was  managed  by  the  "dis- 
bursement'clerk"  and  had  the  custody  and  disburse- 
ment of  all  the  Department  appropriations,  as  well 
as  the  care  of  the  building  and  the  property  of  the 
Department. 

Statistical  Bureau.  The  head  of  the  bureau  was 
termed  "Librarian"  and  he  had  one  clerk  under  him. 
The  duties  were  to  care  for  the  printed  books  and 
pamphlets,  and  to  prepare  the  reports  on  commercial 
relations. 

Translations.     The  bureau  consisted  of  the  trans- 


224  THE  DEPARTMENT  OF  STATE 

lator,  whose  duty  it  was  to  make  translations  on  the 
order  of  any  of  the  Secretaries  or  the  Chief  Clerk. 

Pardons  and  Commissions.  There  was  a  chief  of 
bureau  and  one  clerk.  The  bureau  had  charge  of  the 
preparation  of  commissions  and  warrants  of  pardon, 
applications  for  office  and  correspondence  relating 
thereto. 

Domestic  Records.  One  clerk  comprised  the  bureau, 
his  duty  being  to  attend  to  correspondence  with  terri- 
torial officers  and  miscellaneous  correspondence  not 
connected  with  the  diplomatic  or  consular  service. 
The  business  was  under  the  superintendence  of  the 
Assistant  Secretary. 

Passport  Bureau.  In  charge  of  it  was  the  "  pass- 
port clerk,"  and  his  duties  were  the  issuance  and 
recording  of  passports  and  collection  of  the  internal 
revenue  tax  on  passports. 

Telegraph.  The  telegraph  operator  received  and 
sent  messages  ordered  by  any  of  the  Secretaries  or 
the  Chief  Clerk. 

The  unassigned  clerks  were  employed  on  the  general 
work  of  the  Department  under  the  Chief  Clerk,  who 
might  also  require  a  clerk  in  one  bureau  to  do  the 
work  of  another  bureau,  whenever  such  a  course 
seemed  to  him  to  be  necessary. 

The  arrangement  of  this  year  is  notable  among  other 
features  because  it  gave  definite  assignment  of  duties 
to  the  Assistant  Secretary  and  the  Second  Assistant 
Secretary,  the  former  superintending  the  First  Diplo- 
matic Bureau  and  First  Consular  Bureau,  beside  the 
Bureau  of  Domestic  Records,  and  the  latter  the  Second 


SUBDIVISIONS  OF  THE  DEPARTMENT        225 

Diplomatic  Bureau  and  Second  Consular  Bureau,  the 
intention  evidently  being  to  make  a  division  on  geo- 
graphical lines.  The  arrangement  continued  from 
1870  to  1873,  when  it  ceased,  and  there  was  no  formal 
assignment  of  duties  for  the  Assistant  Secretaries 
after  that,  until  the  arrangement  was  made  in  recent 
years  placing  the  Third  Assistant  Secretary  at  the 
head  of  the  Division  of  Far  Eastern  Affairs. 

Under  date  of  October  20,  1869,  Secretary  Fish 
prescribed  "Regulations  of  the  Department  of  State." 
The  office  hours  were  to  be  from  9.30  a.m.  to  4  p.m., 
or  later  if  business  required,  and  at  least  one  clerk 
must  remain  in  each  bureau  until  the  mail  for  the  day 
was  signed.  A  daily  account  must  be  kept  of  the  time 
each  clerk  might  be  absent  from  his  work ;  clerks  must 
not  visit  each  other  during  office  hours ;  no  information 
whatever  concerning  department  business  should  be 
conveyed  to  outsiders. 

The  change  in  the  working  hours  of  the  Department 
was  not  required  by  law.  The  Act  of  June  20,  1874,1 
did,  in  fact,  give  the  heads  of  departments  authority 
to  require  such  hours  of  work  from  the  clerks  as  they 
might  deem  necessary,  but  the  Act  of  March  3,  1883, 2 
specified  that  at  least  seven  hours  of  work  be  required. 
This  was  construed  for  twenty  years  as  requiring 
attendance  at  the  Department  from  nine  o'clock  in 
the  morning  till  four  in  the  afternoon,  half  an  hour 
being  allowed  for  luncheon ;  but  some  question  having 
arisen  as  to  whether  the  luncheon  allowance  did  not 

i  18  Stat.,  109. 
2  22  Stat.,  563. 


226  THE  DEPARTMENT  OF  STATE 

make  the  working  day  six  and  a  half  hours,  by  Presi- 
dent Roosevelt's  order  in  1904  the  hours  of  work  were 
extended  to  four  thirty  o'clock  in  the  afternoon,  the 
order  for  the  Department  of  State  being  dated 
February  4.  The  old  Department  of  Foreign  Affairs 
had  been  open  for  business  from  nine  o'clock  in  the 
morning  till  six  o'clock  in  the  evening;  but  there  had 
been  a  liberal  allowance  of  time  for  dinner  early  in 
the  afternoon. 

In  1872  the  organization  of  the  Department  was 
modified  by  Secretary  Fish  by  changing  the  Domestic 
Records  Bureau  to  the  Territorial  and  Domestic 
Records  Bureau,  and  a  separate  mail  division  was 
added.  In  1873  the  separate  office  of  keeper  of  rolls 
was  created,  to  have  custody  of  treaties,  rolls,  old 
archives,  archives  of  international  commissions,  and 
to  see  to  the  promulgation  of  laws  and  treaties.  In 
this  year  came  the  first  recognition  by  law  of  the 
bureaus  by  the  Act  of  March  3,  1873,  section  3,1  allow- 
ing an  annual  salary  of  $2,400  each  to  the  chief  of  the 
Bureau  of  Accounts,  of  the  Bureau  of  Indexes  and 
Archives,  and  of  the  First  and  Second  Diplomatic  and 
Consular  Bureaus.  The  Department  adjusted  itself 
to  the  act,  and  the  Chief  Clerk  no  longer  had  a  bureau, 
but  from  his  office  was  organized  the  Bureau  of 
Indexes  and  Archives,  with  a  chief  and  three  clerks, 
having  the  duty  of  opening  the  mail,  indexing  it, 
preserving  the  archives,  and  answering  calls  for 
papers.  The  bureaus  which  had  not  received  legal 
recognition  continued  in  existence,  the  position  of  chief 

i  17  Stat.,  509. 


SUBDIVISIONS  OF  THE  DEPARTMENT        227 

being  filled  by  a  clerk,  usually,  but  not  always,  of  the 
fourth  class.  The  Act  of  June  20,  1874,1  allowed  only 
one  chief  of  the  Diplomatic  and  one  chief  of  the 
Consular  Bureau,  adding  to  the  list,  however,  the 
chief  of  the  Bureau  of  Rolls  and  Library.  As  had 
been  the  case  under  the  arrangement  of  1833,  the 
consolidated  Diplomatic  Bureau  was  divided  into 
geographical  divisions,  A,  B,  and  C,  each  division 
having  in  its  charge  correspondence  with  a  separate 
group  of  countries,  and  the  same  course  was  followed 
with  the  consular  bureau,  a  system  which  has  prevailed 
up  to  the  present  time.  In  order  to  give  full  sanction 
to  the  Secretary  to  subdivide  his  Department,  the  Act 
of  1874  provided : 

That  the  Secretary  of  State  may  prescribe  duties  for  the 
Assistant  Secretaries,  the  Solicitor,  not  interfering  with  his 
duties  as  an  officer  of  the  Department  of  Justice,  and  the 
clerks  of  Bureaus,  as  well  as  for  all  the  other  employees  in 
the  Department  and  may  make  changes  and  transfers  when 
in  his  judgment,  it  becomes  necessary. 

When  the  Act  of  March  3,  1873,  recognizing  the 
bureaus  of  the  Department,  became  effective  on  July 
1,  1873,  commissions  signed  by  the  Secretary  of  State 
were  given  to  the  chiefs  of  the  bureaus  named  in  the 
law;  but  after  the  passage  of  the  law  of  1874  again 
providing  for  bureau  chiefs,  the  question  was  raised 
whether  they  should  not  be  nominated  by  the  Presi- 
dent to  the  Senate  for  confirmation.  The  law  officer 
of  the  Department  being  called  on  for  an  opinion, 
ruled,  under  date  of  June  26,  1875,  that  as  the  Consti- 

1 18  Stat.,  90. 


228  THE  DEPARTMENT  OF  STATE 

tution  provides  that  the  President  "shall  appoint 
....  all  other  officers  of  the  United  States,  whose 
appointments  are  not  herein  otherwise  provided  for, 
and  which  shall  be  established  by  law"  the  chiefs  of 
bureau,  who  were  not  included  under  the  general  head 
of  clerks,  should  be  appointed  by  the  President.1 

Accordingly,  under  date  of  July  1,  1875,  the  chiefs 
of  the  bureaus  named  in  the  law  received  commissions 
signed  by  the  President.  Congress  was  not  in  session 
at  the  time,  but  their  names  were  sent  to  the  Senate 
for  confirmation  when  it  convened  the  following 
December,  and  full  commissions  were  issued  after 
their  confirmation.2  But  after  these  first  Presidential 
appointments  of  bureau  chiefs  there  were  no  more  for 
eighteen  years,  all  vacancies  which  occurred  after  the 
first  appointments  being  filled,  as  they  had  been 
originally,  by  direct  appointment  of  the  Secretary  of 
State.  The  opinion  of  the  law  officer  was,  in  fact, 
disregarded,  until  Walter  Q.  Gresham,  who  was 
Secretary  of  State  from  March  3,  1893,  to  May  28, 
1895,  invoked  it  in  1894,  and  the  President  nominated 
Pendleton  King  to  be  chief  of  the  Bureau  of  Indexes 
and  Archives.3  In  1896  Secretary  Olney  referred  the 
question  of  the  proper  form  of  appointment  to  the 
Attorney-General  for  an  opinion,  who  declared  chiefs 
of  bureaus  were  clerks  in  the  eye  of  the  law  and 
entitled  only  to  departmental  commissions.4 

1  Opinions   and   Eeports   of    Henry   O  'Conner,   Examiner   of    Claims, 
Vol.  6,  p.  388,  Dept.  of  State  MSS.,  Solicitor's  Office. 

2  Bureau  of  Appointments  Kecords. 
s  Ibid. 

*  Ante,  p.  98. 


SUBDIVISIONS  OF  THE  DEPARTMENT        229 

The  Act  of  August  15,  1876,1  provided  for  only  five 
chiefs  of  bureau  and  the  translator,  and  decreased  the 
salary  of  each  to  $2,100.  The  compensation  of  the 
chief  of  the  Bureau  of  Statistics  became,  therefore, 
that  of  a  clerk,  but  the  bureau  was  continued  as  a 
Department  arrangement.  In  1878,  Act  of  June  19, 2 
provision  was  made  for  only  four  chiefs  of  bureau 
beside  the  translator,  and  the  chief  of  the  Bureau  of 
Rolls  and  Library  was  dropped,  but  a  clerk  was 
appointed  librarian  with  the  same  functions  as  had 
pertained  to  the  chief  of  bureau.  In  1881  the  Bureau 
of  Statistics  was  restored  to  the  salary  list,3  and  in 
18824  the  Bureau  of  Rolls  and  Library.  This  arrange- 
ment continued  undisturbed  till  the  Act  of  May  28, 
1896,5  allowed  another  bureau,  and  the  Bureau  of 
Commissions  and  Pardons  was  raised  to  the  same  level 
with  the  other  bureaus  in  compensation,  the  chief 
being  denominated  the  appointment  clerk  and  the 
bureau  being  named  the  Bureau  of  Appointments. 

By  the  terms  of  the  law  the  chief  of  the  Bureau  of 
Accounts  received  an  additional  compensation  of  $200 
per  annum  as  disbursing  clerk,  and  the  Act  of  March 
3,  1903,°  gave  the  chief  of  the  new  Bureau  of  Trade 
Relations  $2,250  per  annum.7    The  following  year  the 

i  19  Stat.,  148. 

2  20  Stat.,  183. 

3  Act  of  March  3,  21  Stat.,  391. 

*  Act  of  August  5,  22  Stat.,  225. 

5  29  Stat.,  147. 

6  32  Stat.,  1082. 

^  This  was  owing  to  a  mistake  on  the  part  of  the  appropriations 
committee  of  the  House,  who  supposed  the  compensation  of  the  Chief  of 
the  Bureau  of  Foreign  Commerce  had  been  $2,250. 


230  THE  DEPARTMENT  OF  STATE 

appropriation  act  gave  him  the  same  sum  as  the  other 
bureau  chiefs.  The  Act  of  February  26,  1907,1  pro- 
vided for  two  chiefs  of  bureau  at  $2,250  per  annum, 
leaving  the  others  at  the  old  rate  of  $2,100,  except  the 
chief  of  the  Bureau  of  Accounts,  who  received  his 
regular  extra  compensation.  The  selection  of  the  two 
bureaus  to  receive  the  higher  pay  was  left  to  the 
Secretary  of  State,  who  chose  the  Diplomatic  and 
Consular  Bureaus  as  the  beneficiaries. 

The  oldest  subdivisions  of  the  Department  are  the 
Diplomatic  and  Consular  Bureaus.  Its  foreign  duties 
were  in  the  beginning  almost  exclusively  diplomatic, 
the  correspondence  with  consuls  being  inconsiderable. 

There  was  no  consular  system  before  the  adoption 
of  the  Constitution  although  there  were  several  con- 
suls ;  but  in  1790,  Thomas  Jefferson  appointed  sixteen 
consular  officers ;  and  on  August  26, 1790,  he  instructed 
them  to  report  to  the  Department  on  political,  ship- 
ping, and  commercial  questions.  On  April  14,  1792, 
a  law  was  passed  defining  a  consul's  duties.  The 
number  of  consuls  steadily  increased  and  there  was 
a  general  classification  by  the  Act  of  August  18,  1857, 
which  was  modified  from  time  to  time  until  the  passage 
of  the  act  reorganizing  the  service.2  The  separation 
between  the  diplomatic  and  the  consular  correspond- 
ence must  have  been  soon  after  the  appointment  of 
consuls  began,  and  the  creation  of  the  Consular  Bureau 
had  actually  become  a  fact  before  it  received  desig- 

i  34  Stat.,  948. 

2  See  Wilbur  J.  Carr  's  article  on  ' '  The  American  Consular  Service ' ' 
in  American  Journal  of  International  Law,  2:  89. 


SUBDIVISIONS  OF  THE  DEPARTMENT        231 

nation.      In   the   assignment   of   work,   however,   the 
Diplomatic  Bureau  preceded  it. 

The  first  subdivision  of  the  Department  to  be 
recognized  by  law,  except  the  Patent  Office,  was  the 
Statistical  Office,  which  became  the  Bureau  of  Sta- 
tistics, which  in  its  turn  became  the  Bureau  of  Foreign 
Commerce,  which  in  its  turn  became  the  Bureau  of 
Trade  Relations.  The  Act  of  August  16,  1842,1 
required  the  Secretary  of  State  to  report  to  Congress 
annually  all  changes  and  modifications  in  foreign 
commercial  systems.  There  had  been  occasional  calls 
by  Congress  for  commercial  information  from  the 
Secretary  of  State  before  this,  and  the  same  year  that 
the  act  was  passed,  Daniel  Webster,  Secretary  of 
State,  recommended  to  Congress  that  the  work  of 
arranging  and  condensing  the  information  received 
from  our  consuls  abroad  on  commercial  subjects  be 
entrusted  to  one  person,  who  should  also  have  charge 
of  the  correspondence.  No  Congressional  action 
having  been  taken,  Mr.  Webster  exercised  his  own 
authority  and  assigned  one  of  the  extra  clerks  to  the 
duty.  In  the  letter  already  quoted  from  Secretary 
Calhoun  to  the  Ways  and  Means  Committee  he  said: 

The  Act  of  August  16,  1842,  makes  it  the  duty  of  the 
Secretary  of  State,  to  lay  before  Congress  at  the  commence- 
ment of  each  session,  an  account  of  such  changes  and  modifi- 
cations, in  the  commercial  systems  of  foreign  nations  by 
treaties,  duties,  and  imports,  and  other  regulations  as  may 
have  come  to  the  knowledge  of  the  Department.  Under  this 
Act  and  under  the  various  calls  made  by  the  Senate  and 
House    of   Representatives    for   information    respecting   our 

i  5  Stat,  507. 


232  THE  DEPARTMENT  OF  STATE 

commercial  relations  with  foreign  nations,  an  irregular 
commercial  and  statistical  bureau  has  grown  up  in  the 
Department,  composed  exclusively  of  extra  clerks.  It  is 
very  desirable  that  there  should  be  a  permanent  bureau  of 
this  kind  connected  with  the  Consular  Bureau;  and  as  the 
clerks  in  this  bureau  must,  for  the  proper  performance  of 
their  duties,  have  a  knowledge  of  the  various  foreign  lan- 
guages and  a  minute  acquaintance  with  foreign  moneys, 
weights,  and  measures,  together  with  such  other  general 
information,  they  ought  to  be  suitably  compensated  for  their 
labors. 

Both  the  British  and  French  Governments  have  such 
bureaus,  which  make  very  copious  reports,  on  whatever  is 
supposed  to  be  of  interest,  in  the  commercial  relations  of 
other  countries.  The  knowledge,  which  they  seem  to  appre- 
ciate so  highly,  cannot  be  of  less  importance  to  us  than  it  is 
to  them. 

Under  these  circumstances  I  submit  to  your  Committee 
and  through  you  to  the  House  of  Representatives  the 
propriety  of  taking  such  measures  as  will  (without  increasing 
the  expenses  of  the  Government)  make  it  practical  to  effect 
a  better  arrangement  of  the  Department  in  respect  to  the 
clerks  emploj^ed,  than  exists  at  present.  I  would  especially 
suggest  the  propriety  of  passing  an  Act,  to  authorize  the 
appointment  of  a  clerk  with  a  salary  of  $1,450  per  annum 
to  take  charge  of  a  Statistical  and  Miscellaneous  Bureau,  and 
also  of  making  the  usual  annual  appropriation  in  the  general 
appropriation  Bill,  of  $2,000  for  extra  clerk  hire  and  copying. 

As  Congress  still  neglected  to  make  the  necessary 
provisions,  the  status  of  the  bureau  remained 
undefined,  but  in  1854  the  Department  organized 
a  "Statistical  Office"  and  gave  the  title  of  superin- 
tendent to  an  extra  clerk  at  $2,000,  who  was  put  in 
charge  of  it,  Secretary  Calhoun's  idea  of  making  it 
also  a  miscellaneous  bureau  having  in  the  mean  time 


SUBDIVISIONS  OF  THE  DEPARTMENT        233 

been  abandoned.  In  1856  the  Committee  on  Commerce 
of  both  the  Senate  and  House  recommended  legislative 
approval  of  the  arrangement  and  it  was  provided  for 
by  the  Act  of  August  18, 1856,1  with  a  ' '  Superintendent 
of  Statistics"  at  $2,000  per  annum.  Edmund  Flagg 
was  commissioned  under  that  designation  August  18, 
1856,2  but  the  Act  of  1869  omitted  an  appropriation 
for  the  payment  of  the  superintendent.  It  was  con- 
tinued as  a  Department  subdivision  and  in  Mr.  Fish's 
arrangement  of  1870  was  denominated  the  Statistical 
Bureau,  the  chief  being  termed  the  librarian,  until  the 
following  year  when  he  received  the  title  of  chief  of 
bureau.  Notwithstanding  the  omission  of  appropria- 
tion for  the  chief  in  1876,  the  bureau  continued  with 
a  clerk  as  chief,  until  the  compensation  was  restored 
by  the  Act  of  1881. 

The  circumstances  attending  the  change  of  the 
bureau's  name  are  brought  out  by  the  following 
correspondence : 

Department  of  State, 
Washington,  June  30,  1897. 
Honorable  John  Sherman, 

Secretary  of  State. 
Sir: 

I  have  the  honor  to  call  your  attention  to  the  clause  in  the 
diplomatic  and  consular  appropriation  bill  for  the  fiscal  year 
ending  June  30,  1898,  approved  February  20,  1897,  which 
provides  for  the  publication  of  diplomatic,  consular,  and 
other  commercial  reports.  (See  page  590,  United  States 
Statutes  at  Large,  fifty- fourth  Congress,  second  session.) 
The  paragraph  reads  as  follows: 

1 11  Stat.,  139. 

2  Bureau  of  Appointments  Records. 


234  THE  DEPARTMENT  OF  STATE 

"Preparation,  printing,  publication,  and  distribution,  by 
the  Department  of  State,  of  the  diplomatic,  consular,  and 
other  commercial  reports,  twenty-five  thousand  dollars;  and 
of  this  sum  the  Secretary  of  State  is  authorized  to  use  not 
exceeding  three  thousand  one  hundred  and  twenty  dollars 
for  services  of  employees  in  the  Bureau  of  Statistics,  Depart- 
ment of  State,  in  the  work  of  compiling  and  distributing  such 
reports,  and  not  exceeding  two  hundred  and  fifty  dollars  in 
the  purchase  of  such  books,  maps,  and  periodicals  as  may  be 
necessary  to  the  editing  of  diplomatic,  consular,  and  other 
commercial  reports:  Provided,  that  all  terms  of  measure, 
weight,  and  money  shall  be  reduced  to,  and  expressed  in, 
terms  of  the  measure,  weight  and  coin  of  the  United  States, 
as  well  as  in  the  foreign  terms;  that  each  issue  of  consular 
reports  shall  not  exceed  seven  thousand  copies.  And  provided 
further,  that  the  Secretary  of  State,  be  and  he  is  hereby, 
authorized  to  change  the  name  of  the  Bureau  of  Statistics  to 
the  Bureau  of  Foreign  Commerce,  and  that  the  foregoing 
provision  shall  apply  with  the  same  force  and  effect  to  the 
Bureau  of  Foreign  Commerce  as  to  the  Bureau  of  Statistics. ' ' 

You  will  perceive  that  the  Secretary  of  State  is  authorized 
by  the  foregoing  to  change  the  name  of  the  Bureau  of 
Statistics  of  this  Department  to  the  Bureau  of  Foreign 
Commerce,  and  that  the  provision  for  the  maintenance  of  the 
Bureau  of  Statistics  is  made  to  apply  with  the  same  force 
and  effect  to  the  Bureau  of  Foreign  Commerce.  As  the 
appropriation  becomes  available  on  the  1st  of  July,  I  respect- 
fully ask  authority  from  you  to  carry  the  legislation  specified 
into  effect.  The  reasons  for  making  the  change  as  stated  to 
Congress,  and  approved  by  that  body,  are: 

(1)  The  confusion  arising  from  the  fact  that  there  are 
three  bureaus  of  statistics  in  the  Executive  Departments,  viz : 

Bureau  of  Statistics,  Department  of  State ; 

Bureau  of  Statistics,  Treasury  Department; 

Bureau  of  Statistics,  Department  of  Agriculture. 

Shortly   after   taking   charge    of   this    Bureau,    I    became 


SUBDIVISIONS  OF  THE  DEPARTMENT        235 

impressed  with  the  fact  that  the  general  public  was  unable 
to  discriminate  between  the  various  bureaus  of  the  same 
name,  and  that  unnecessary  labor  and  delay  resulted. 

(2)  The  name  of  Bureau  of  Statistics  does  not  properly 
denote  the  functions  of  this  Bureau,  which  is  exclusively 
commercial  in  its  character,  its  work  being  that  of  collecting, 
compiling,  and  distributing  the  commercial  reports  of  our 
diplomatic  and  consular  officers.  There  is  a  wide  range  of 
statistics  with  which  the  Bureau  has  nothing  to  do,  and  its 
designation  as  a  Bureau  of  Statistics  is,  therefore,  misleading. 
The  use  of  the  words  Bureau  of  Foreign  Commerce,  on  the 
other  hand,  besides  correctly  indicating  the  character  of  the 
work,  is  likely,  in  my  judgment,  to  impress  upon  the  public 
mind  the  importance  of  the  commercial  features  of  this 
Department. 

In  view  of  these  considerations,  I  submit  the  draft  of  an 
order  for  your  signature. 

Respectfully  yours, 
Frederic  Emory, 

Chief,  Bureau  of  Statistics. 

Department  of  State, 

Washington,  July  1,  1897. 

Under  the  authority  conferred  upon  me  by  Chapter  268, 
United  States  Statutes  at  Large,  Fifty-fourth  Congress, 
second  session,  under  the  heading  "Publication  of  Diplo- 
matic, Consular,  and  other  commercial  reports,"  the  name 
of  the  Bureau  of  Statistics  of  this  Department  is  hereby 
changed  to  the  Bureau  of  Foreign  Commerce  and  the  title  of 
the  Chief  of  the  Bureau  of  Statistics  shall  hereafter  be  Chief 
of  the  Bureau  of  Foreign  Commerce. 

John  Sherman, 

Secretary  of  State.1 

1  The  letter  and  order  may  be  found  in  the  Consular  Reports  for 
September,  1897,  No.  204,  Vol.  LV. 


236  THE  DEPARTMENT  OF  STATE 

In  creating  the  Department  of  Commerce  and  Labor 
in  1903,1  one  of  the  objects  sought  was  to  concentrate 
the  commercial  activities  of  the  government  by  trans- 
ferring to  the  new  department  various  commercial 
bureaus  in  other  departments.     It  was  provided: 

That  the  Bureau  of  Foreign  Commerce,  now  in  the  Depart- 
ment of  State,  be,  and  the  same  hereby  is,  transferred  to  the 
Department  of  Commerce  and  Labor  and  consolidated  with 
and  made  a  part  of  the  Bureau  of  Statistics,  hereinbefore 
transferred  from  the  Department  of  the  Treasury  to  the 
Department  of  Commerce  and  Labor,  and  the  two  shall 
constitute  one  bureau,  to  be  called  the  Bureau  of  Statistics, 
with  a  chief  of  the  bureau. 

The  State  Department  was  still  to  continue  to  collect 
commercial  information  from  consuls,  and  it  became 
necessary  to  organize  a  new  bureau  to  take  the  place 
of  that  transferred  to  the  new  department.  The  chief 
of  the  bureau  wrote  the  following  letter  on  the  subject 
to  the  Secretary  of  State : 

Department  of  State, 

May  19,  1903. 
Honorable  John  Hay, 

Secretary  of  State. 
My  dear  Mr.  Secretary : 

In  view  of  the  prospective  transfer  of  this  bureau  to  the 
Department  of  Commerce  July  1  next,  it  seems  to  me  desir- 
able that  an  instruction  be  sent  to  consular  officers  as  soon 
as  practicable  advising  them  of  the  change  and  prescribing 
the  methods  to  be  pursued  in  making  their  reports.  It  is 
necessary,  before  such  instruction  can  be  prepared,  that  a 
name  be  chosen  for  the  new  bureau  in  this  Department  which 
is  to  have  supervision  of  the  consular  work,  and  to  define  its 
i  Act  of  February  14,  32  Stat.,  827. 


SUBDIVISIONS  OF  THE  DEPARTMENT        237 

duties.  There  are  functions  other  than  those  stated  in  the 
legislative  provision  for  the  new  bureau  which,  it  seems  to 
rne,  should  be  allotted  to  it,  in  order  that  the  work  now 
performed  by  the  Bureau  of  Foreign  Commerce  and  still 
devolving  upon  this  Department  after  the  transfer,  shall  not 
be  interrupted.  I  refer  more  particularly  to  the  transmittal 
of  consular  reports  to  various  branches  of  the  Government — 
such  as  the  Treasury,  Department  of  Agriculture,  Marine 
Hospital  Service,  etc., — other  than  the  Department  of  Com- 
merce ;  the  answering  of  questions  as  to  commercial  relations 
(including  construction  of  tariffs,  etc.)  with  foreign  countries, 
and  the  compiling  of  commercial  information  for  the  use  of 
the  Department  of  State,  in  the  consideration  of  questions 
arising  in  our  foreign  intercourse. 

Your  authority  to  give  a  name  to  the  bureau  and  to  extend 
its  scope,  is  in  my  judgment  amply  supported  not  only  by 
the  clause  in  the  legislative,  executive  and  judicial  appro- 
priation act  approved  June  20,  1874,  which  provides  that  the 
Secretary  of  State  may  prescribe  duties  for  all  employees 
of  the  Department,  but  by  precedents  in  similar  cases  set  by 
Secretary  Marcy  in  1856  and  by  Secretary  Fish  in  1874  in 
creating  respectively  a  "Statistical  Office"  and  a  Bureau  of 
Statistics,  though  only  the  heads  of  such  subdivisions  had 
been  provided  for  by  legislation. 

For  the  reasons  stated,  I  suggest  the  name  "Bureau  of 
Commercial  Relations"  for  the  new  bureau.  The  only 
possible  objection  to  it  that  I  can  foresee  is  found  in  the  fact 
that  the  annual  reports  of  the  consuls  are  known  as  ' '  Commer- 
cial Relations,"  but  it  seems  to  me  to  be  advisable  to  reserve 
this  title  for  the  Department  of  State,  as  the  Department  of 
Commerce  is  not  empowered  to  deal  with  our  official  relations, 
commercial  or  otherwise,  with  foreign  governments,  and  I 
assume  that  it  will  publish  the  annual  reports  of  the  consuls 
as  such,  and  could  not,  without  encroaching  upon  the  sphere 
of  this  Department  continue  to  use  the  broader  title  "Com- 
mercial  Relations."      Moreover,    the   retention   of   the   title 


238  THE  DEPARTMENT  OF  STATE 

would  permit  you  (should  you  so  elect)  to  continue  to  dis- 
charge the  duty  prescribed  for  the  Secretary  of  State  of 
annually  transmitting  to  Congress  a  report  on  changes  in 
the  commercial  systems  of  other  nations  ' '  whether  by  treaties, 
duties  on  imports  and  exports  or  other  regulations, ' '  etc.,  etc. 
(Revised  Statutes,  Section  208).  This  mandate  does  not 
seem  to  me  to  have  been  repealed  or  in  any  way  impaired  by 
the  Act  creating  the  Department  of  Commerce,  and  it  might 
be  availed  of,  with  great  advantage,  to  bring  important  facts 
to  the  attention  of  Congress,  without  confusing  or  duplicating 
the  work  of  the  new  Department.  By  pursuing  this  course, 
also,  the  volume  of  diplomatic  correspondence  known  as 
"Foreign  Relations"  might  be  relieved  of  purely  commercial 
matter  and  a  more  expeditious  publication  could  be  secured. 

Respectfully, 

Frederic  Emory, 
Chief,  Bureau  of  Foreign  Commerce. 

Secretary  Hay's  order  follows: 

The  above  recommendations,  with  the  exception  of  the 
word  "Commercial"  in  the  title  for  the  new  bureau,  are 
approved.  Under  authority  conferred  upon  the  Secretary 
of  State  by  Section  11  of  the  Act  establishing  the  Department 
of  Commerce  and  Labor,  approved  February  14,  1903,  a 
bureau  of  the  Department  of  State  to  be  known  as  the  Bureau 
of  Trade  Relations  shall  be  created  and  organized  July  1, 
1903,  with  the  following  personnel,  as  provided  for  in  the 
Act  making  appropriations  to  supply  deficiencies,  etc., 
approved  March  3,  1903 : 

Chief  of  Bureau,  Frederic  Emory. 

Clerk  class  two,  Maud  Stalnaker. 

Clerk  class  one,  Andrew  Marschalk. 

Assistant  Messenger,  Robert  P.  Leftridge. 
These  appointments  to  take  effect  upon  resignation  by  the 
incumbents  of  their  present  positions. 

The  functions  and  duties  of  the  Bureau  of  Trade  Relations 


SUBDIVISIONS  OF  THE  DEPARTMENT        239 

shall  be  those  defined  in  the  foregoing  letter  of  the  Chief  of 
the  Bureau  of  Foreign  Commerce. 

John  Hay. 
Department  of  State, 
May  28,  1903. 

The  Passport  Bureau,  having  been  created  in  Mr. 
Fish's  arrangement  of  1870,  continued  in  charge  of 
the  passport  clerk  without  the  compensation  of  a 
bureau,  until  in  1898  it  was  placed  under  the  Bureau 
of  Accounts,  because  the  bond  of  the  chief  of  that 
bureau  was  made  to  cover  the  fees  for  passports  which 
the  passport  clerk  collected.  This  arrangement  was 
changed  in  1902  by  the  following  order  of  Secretary 
John  Hay: 

July  3,  1902. 

The  Passport  Division,  now  a  part  of  the  Bureau  of 
Accounts,  is  hereby  separated  from  that  Bureau  and  placed 
directly  under  the  supervision  of  the  Secretary,  the  Assistant 
Secretaries  and  the  Chief  Clerk,  and  the  Passport  Clerk  shall 
hereafter  be  immediately  in  charge  of  the  Passport  Bureau. 
Such  letters  and  circulars  relating  to  the  passport  business 
of  the  Department  as  have  heretofore  been  signed  by  the 
Chief  of  the  Bureau  of  Accounts  shall  hereafter  be  signed  by 
the  Chief  of  the  Passport  Bureau. 

There  shall  be  no  change  in  the  system  of  accounting  for 
the  passport  fees,  which  shall,  as  heretofore,  be  transferred 
to  the  Bureau  of  Accounts  by  the  Passport  Bureau  at  the 
close  of  each  day's  work,  the  Chief  of  the  Bureau  of  Accounts 
receipting  therefor  to  the  Chief  of  the  Passport  Bureau,  who 
is  forbidden  to  retain  any  of  such  fees  in  his  Bureau  from 
one  day  to  another. 

John  Hay. 
Department  of  State. 


240  THE  DEPARTMENT  OF  STATE 

By  the  appropriation  Act  of  1904,  March  18,1  pro- 
vision was  made  for  eight  bureaus  and  the  chief  of  the 
Passport  Bureau  was  given  the  same  compensation 
as  the  other  bureau  chiefs. 

The  following  memorandum  and  order  show  why 
the  title  of  the  bureau  was  changed  to  the  Bureau  of 
Citizenship : 

Department  op  State, 

April  23,  1907. 
To  the  Secretary: — 

As  each  Bureau  in  the  Department  should  be  designated 
by  a  title  signifying  the  nature  of  its  duties  as  comprehen- 
sively as  possible,  I  am  prompted  to  ask  you  to  consider 
whether  the  name  of  this  Bureau  should  not  be  changed  from 
"Passport  Bureau"  to  "Bureau  of  Citizenship."  For  some 
years  past,  all  communications  to  the  Department  pertaining 
to  citizenship  and  protection  abroad  have  been  sent  to  this 
Bureau,  which  prepares  reports,  drafts,  communications  and 
instructions  and  answers  directly  a  great  many  communi- 
cations on  those  subjects,  and  those  answers  would  more 
appropriately  come  from  a  Bureau  of  Citizenship  than  from 
a  Passport  Bureau. 

A  recent  ruling  of  the  Attorney  General  requires  that  each 
case  of  false  naturalization  sent  by  this  Department  to  the 
Department  of  Commerce  and  Labor,  whence  it  goes  to  the 
Department  of  Justice  to  be  carried  into  the  court  which 
issued  the  certificate,  shall  be  accompanied  by  an  affidavit 
from  an  officer  of  this  Department,  and  the  Solicitor  says 
the  affidavit  may  properly  be  made  by  the  Chief  of  this 
Bureau.  There  are  a  great  many  of  these  cases  and  the 
affidavits  would  more  properly  come  from  a  Citizenship 
Bureau  than  a  Passport  Bureau.  Section  15  of  the  Naturali- 
zation Law  entails  this  business  upon  us,  and  the  Expatria- 
tion Act  of  March  2,  1907,  requires  that  duplicates  of  all 

i  33  Stat.,  97. 


SUBDIVISIONS  OF  THE  DEPARTMENT        241 

registrations  and  evidence  to  conserve  citizenship  be  sent  to 
us.  The  recent  instructions  which  you  signed  show  our 
business  will  increase  greatly  in  the  future  in  a  direction 
which  has  only  a  collateral  connection  with  passports. 

I  should  add  that  all  the  Bureaus  of  the  Department  were 
created  by  order  of  the  Secretary  of  State  and  that  none  of 
them  are  appropriated  for  by  name.  The  power  to  create  a 
Bureau,  abolish  one  or  change  its  name  rests  absolutely  with 
the  Secretary  of  State.  A  recent  instance  of  change  of  name 
is  found  in  the  Bureau  of  Trade  Relations  which  was  the 
Bureau  of  Statistics  until  Secretary  Sherman  changed  the 
name  to  the  Bureau  of  Foreign  Commerce,  this  name  again 
being  changed  to  the  present  one,  the  last  named  being  ren- 
dered necessary  by  the  transfer  of  the  publication  of  the 
consular  reports  to  the  Department  of  Commerce  and  Labor. 

If  the  proposition  of  changing  the  name  of  this  Bureau 
meets  with  your  approval  an  order  requiring  the   change, 
similar  to  that  made  in  the  case  of  the  Bureau  of  Trade 
Relations,  will  be  drawn  up  for  your  signature. 
Respectfully  submitted, 
Gaillard  Hunt, 

Chief,  Passport  Bureau. 

Order  by  the  Secretary  of  State, 
bureau  of  citizenship. 

The  Passport  Bureau  shall  hereafter  be  designated  the 
Bureau  of  Citizenship  and  the  Chief  of  the  Bureau  is  hereby 
authorized  and  empowered  to  receive  and  attest  all  oaths, 
affirmations  or  affidavits  required  to  be  made  in  passport 
cases,  in  accordance  with  the  requirements  of  Section  212 
of  the  Revised  Statutes  of  the  United  States. 

It  shall  be  the  duty  of  the  Bureau  of  Citizenship  to 
examine  all  applications  for  passports,  issue  passports  and 
conduct  the  correspondence  in  relation  thereto ;  to  affix 
authentications  and  conduct  the  correspondence  in  relation 
thereto;  to  receive  and  file  duplicates  of  evidence,  registra- 


242  THE  DEPARTMENT  OF  STATE 

tion  or  other  acts  required  by  the  Act  approved  March  2, 
1907,  in  reference  to  the  expatriation  of  citizens  and  their 
protection  abroad,  and  to  keep  records  of  registration  of 
American  citizens  abroad  and  of  expatriation  required  by 
the  said  Act,  and  to  conduct  all  necessary  correspondence  in 
relation  thereto. 

Elihu  Root. 
Department  of  State, 

Washington,  May  31,  1907. 

In  1909,  under  the  Secretaryship  of  Philander  C. 
Knox,  was  effected  a  reorganization  of  the  Depart- 
ment. Up  to  this  time  the  subdivisions  had  been  upon 
simple  lines.  There  was  the  correspondence  with 
diplomatic  and  consular  officers,  the  domestic  business, 
the  duty  of  caring  for  the  archives  and  books,  of 
keeping  the  Department's  accounts,  and  making 
appointments.  The  division  of  labor  in  the  Depart- 
ment had  reference  to  these  functions,  and  two 
additional  bureaus  had  been  added  whose  duties 
related  to  particular  subjects — the  Bureau  of  Trade 
Relations  and  the  Bureau  of  Citizenship.  This 
arrangement  was  not  changed,  but  upon  it  were  super- 
imposed five  new  divisions,  all  but  one  organized  upon 
a  geographical  basis.  They  were:  the  Division  of 
Latin-American  Affairs,  the  Division  of  Far  Eastern 
Affairs,  the  Division  of  Near  Eastern  Affairs,  the 
Division  of  Western  European  Affairs,  and  the 
Division  of  Information.  Still  another  change  was 
made  in  dividing  the  officers  above  the  clerks  and  below 
the  Secretary  and  Assistant  Secretary,  into  three 
classes:    "Administrative  Officers,"  composed  of  the 


SUBDIVISIONS  OF  THE  DEPARTMENT        243 

Second  Assistant  and  Third  Assistant  Secretaries  and 
the  director  of  the  Consular  Service;  "Advisory 
Officers,"  composed  of  the  Counselor  of  the  Depart- 
ment, the  Solicitor  and  the  assistant  solicitors,  and 
presumably  the  resident  diplomatic  officer ;  and  l '  Other 
Administrative  Officers,"  composed  of  the  Chief 
Clerk,  the  chiefs  of  divisions  and  the  chiefs  of  bureaus. 
In  addition  to  these  were  five  "Officers  engaged  in 
important  drafting  and  specialization. ' ' 

This  new  arrangement  was  separate  from  the 
regular  department  classification.  It  was  presaged 
by  an  unsuccessful  effort  to  obtain  a  conservative 
expansion  of  the  Department  by  Congressional  enact- 
ment. On  January  12, 1909,  Mr.  Knox,  then  the  junior 
Senator  from  Pennsylvania,  offered  as  an  amendment 
to  the  pending  Department  appropriation  bill  a  pro- 
vision for  an  Under-Secretary  of  State  and  a  Fourth 
Assistant  Secretary,  which  would  have  given  six 
Secretaries  at  the  head  of  the  Department.  The 
Committee  on  Foreign  Relations  reported  the  amend- 
ment favorably  on  January  13  and  it  was  adopted  by 
the  Senate,  but  failed  of  final  acceptance  because  of 
the  opposition  it  encountered  in  the  House  of  Repre- 
sentatives. At  the  special  session  of  Congress, 
however,  the  following  provision  was  passed  on 
August  5,  1909 : 

For  defraying  the  necessary  expenses  incurred  in  connec- 
tion with  foreign  trade  relations  which  come  within  the 
jurisdiction  of  the  Department  of  State,  under  tariff  legis- 
lation and  otherwise,  and  in  negotiation  and  preparation  of 
treaties,  arrangements,  and  agreements  for  the  advancement 


244  THE  DEPARTMENT  OF  STATE 

of  commercial  and  other  interests  of  the  United  States,  and 
for  maintenance  of  a  division  of  Far  Eastern  Affairs  in  the 
Department  of  State,  including  the  payment  of  necessary 
employees  at  the  seat  of  government  or  elsewhere,  to  be 
selected,  and  their  compensation  fixed,  by  the  Secretary  of 
State  and  to  be  expended  under  his  direction,  fiscal  year 
nineteen  hundred  and  ten,  one  hundred  thousand  dollars. 
A  detailed  statement  showing  expenditures,  including 
salaries  or  rates  of  compensation  paid,  under  this  appro- 
priation shall  be  reported  to  Congress  by  the  Secretary  of 
State  on  the  first  day  of  each  regular  session;  and  estimates 
for  further  appropriations  hereunder  shall  include  in  detail 
salaries  of  all  persons  to  be  employed  and  paid  in  the 
Department  of  State  at  Washington,  District  of  Columbia. 

The  new  divisions  were  made  by  authority  of  this 
act  and  reported  to  Congress  at  the  next  regular 
session ;  where  they  received  the  sanction  of  that  body 
in  the  appropriation  Act  of  June  17,  1910.  The 
appropriation  was  not,  however,  included  in  the 
paragraph  devoted  to  the  usual  provision  for  the 
Department,  that  paragraph  remaining  in  the  same 
form  as  before,  but  was  added  as  a  wholly  separate 
paragraph  under  the  caption:  "Advancement  of 
commercial  and  other  interests  as  provided  in  the  Act 
approved  August  5,  1909."  It  allowed  the  director 
of  the  Consular  Service  at  $4,500;  Counselor  and 
resident  diplomatic  officer  at  $7,500  each,  to  be 
appointed  by  the  Secretary  of  State ;  eight  officers  to 
aid  in  important  drafting  work,  ' '  four  of  whom  should 
receive  $4,500  each  and  four  $3,000  each,  to  be 
appointed  by  the  Secretary  of  State  and  to  be 
employed  on  tariff,   treaty  and  trade   relations   and 


SUBDIVISIONS  OF  THE  DEPARTMENT        245 

negotiations,  one  of  whom  might  be  assigned  to  duty 
as  Chief  of  the  Division  of  Far  Eastern  Affairs,  of 
Latin-American  Affairs,  of  Near  Eastern  Affairs  and 
of  European  Affairs  or  upon  other  work  in  connection 
with  our  foreign  relations." 

Certain  features  of  this  present  arrangement  were 
without  precedent.  The  compensation  of  the  Counselor 
of  the  Department  and  the  resident  diplomatic  officer, 
who  were  appointed  by  the  Secretary  of  State,  was 
greater  than  that  of  the  Assistant  Secretaries  or  the 
Solicitor,  who  were  appointed  by  the  President,  and 
the  chiefs  of  divisions  and  special  officers  all  received 
higher  compensation  than  the  chiefs  of  bureaus. 

The  organization  of  the  Department  under  this  and 
the  regular  act  was:  the  Secretary  and  Assistant 
Secretary;  the  "Administrative  officers,"  being  the 
Second  Assistant  Secretary,  the  Third  Assistant 
Secretary  "with  the  added  duty  of  Chief,  Division  of 
Western  European  Affairs,"  the  director  of  the 
Consular  Service,  and  the  Chief  Clerk;  the  "Advisory 
Officers,"  being  the  Counselor  for  the  Department  of 
State,  the  Solicitor  and  the  foreign  trade  advisers; 
the  "Other  Administrative  Officers,"  being  in  the 
following  order:  Chief  of  the  Division  of  Latin- 
American  Affairs,  Division  of  Far  Eastern  Affairs, 
Diplomatic  Bureau,  Consular  Bureau,  Bureau  of 
Appointments,  Bureau  of  Citizenship,  Bureau  of 
Indexes  and  Archives,  Bureau  of  Accounts  and  Dis- 
bursing Clerk,  Bureau  of  Rolls  and  Library,  Division 
of  Information,  translator,  assistant  solicitor,  private 
secretary  to  the  Secretary  of  State,  assistant  chiefs 


246  THE  DEPARTMENT  OF  STATE 

of  the  Division  of  Latin-American  Affairs,  assistant 
chief  of  the  Division  of  Far  Eastern  Affairs,  law 
clerks,  clerk  to  the  Secretary  of  State,  assistant  law 
clerk,  and  the  classified  clerks.  The  duties  of  the  old 
Bureaus  were  what  they  had  been  before.  The 
Division  of  Latin- American  Affairs  had  "Diplomatic 
and  Consular  correspondence  on  matters  other  than 
those  of  an  administrative  character,  in  relation  to 
Mexico,  Central  America,  Panama,  South  America 
and  the  West  Indies";  the  Division  of  Far  Eastern 
Affairs  had  such  duties  with  respect  to  "  Japan,  China 
and  leased  territories,  Siberia,  Hongkong,  French 
Indo-China,  Siam,  Straits  Settlements,  Borneo,  East 
Indies,  India,  and,  in  general,  the  Far  East";  the 
Division  of  Near  Eastern  Affairs  had  such  duties 
with  respect  to  "Germany,  Austria-Hungary,  Russia, 
Roumania,  Servia,  Bulgaria,  Montenegro,  Turkey, 
Greece,  Italy,  Abyssinia,  Persia,  Egypt,  and  colonies 
belonging  to  countries  in  this  series";  the  Division 
of  Western  European  Affairs  had  such  duties  with 
respect  to  "Great  Britain  (Canada,  Australia,  New 
Zealand,  and  British  colonies  not  elsewhere  enumer- 
ated), Portugal,  Spain,  France,  Morocco,  Belgium,  the 
Kongo,  Switzerland,  Norway,  Sweden,  the  Nether- 
lands, Luxemburg,  Denmark,  and  Liberia";  the 
Division  of  Information  had  the  "preparation  and 
distribution  to  the  foreign  service  of  diplomatic, 
commercial  and  other  correspondence  and  documents 
important  to  their  information  upon  foreign  relations 
and  editing  'Foreign  Relations.'  ,n 

i  Dept.  Eegister,  October  15,  1912. 


SUBDIVISIONS  OF  THE  DEPARTMENT        247 

From  the  arrangement  disappeared  the  Bureau  of 
Trade  Relations.  The  appropriations  act  for  the  year 
1912  omitted  the  appropriation  for  the  chief  of  that 
bureau,  although  it  continued  the  same  number  of 
clerks.  The  two  trade  advisers,  therefore,  took  over 
the  duty  which  had  formerly  been  discharged  by  the 
chief  of  the  bureau,  and  it  became  the  "  office  of 
Foreign  Trade  Advisers." 

Another  change  was  the  creation  of  the  definite 
rank  of  assistant  chief  of  each  bureau  and  division, 
filled,  however,  by  a  clerk  in  the  classified  service. 

In  1913  a  further  modification  was  made  in  this 
arrangement.  The  classification  of  the  higher  officials 
as  " administrative, "  " advisory,"  etc.,  was  aban- 
doned and  they  were  given  in  the  order  of  their  rank, 
which  was  changed.  Next  to  the  Secretary  came, 
instead  of  the  Assistant  Secretary,  the  Counselor,  and 
next  to  the  Counselor  the  Solicitor,  followed  by  the 
three  Assistant  Secretaries,  the  Director  of  the  Con- 
sular Service  and  the  Chief  Clerk,  next  the  foreign 
trade  advisers,  then  the  Divisions  of  Latin-American 
Aftairs,  Far  Eastern  Affairs,  Near  Eastern  Affairs, 
and  Bureaus  in  the  same  order  as  had  previously 
been  maintained.  The  Division  of  Western  European 
Affairs  was  placed  under  the  Third  Assistant 
Secretary. 


/ 


CHAPTER  X 

APPOINTMENTS.     THE  SEAL.     COMMISSIONS. 

HAVING  considered  the  sometime  and  occasional 
duties  of  the  Department,  and  certain  contin- 
gent duties  which  it  has  never  been  called  upon  to 
perforin,  we  may  now  advance  to  a  consideration  of 
its  habitual  functions. 

The  organic  act  of  the  Department  prescribed  that 
the  Secretary  of  State  should  keep  "the  seal  of  the 
United  States."  It  is  the  mark  of  the  supreme 
authority  of  the  United  States,  and  before  the  govern- 
ment went  into  operation  under  the  Constitution,  was 
in  the  custody  of  the  Secretary  of  Congress,  being 
used  to  verify  all  important  acts,  whether  executive 
or  legislative ;  but  the  debate  on  executive  departments 
in  the  first  Constitutional  Congress  indicated  that  Con- 
gress did  not  contemplate  keeping  the  seal  any  longer, 
and  thought  it  would  pass  to  the  custody  of  the 
Executive.  The  President  did,  in  fact,  take  it  under 
his  control  as  soon  as  he  assumed  office  and  before 
legal  provision  had  been  made  for  its  custody. 

By  the  terms  of  section  7  of  the  Act  of  September 
15,  1789,  the  Secretary  of  State  became  the  keeper  of 
the  seal,  and  the  fourth  section  of  the  act  provided : 

....  that  the  said  secretary  ....  shall  make  out  and 
record,  and  shall  affix  the  said  seal  to  all  civil  commissions  to 
officers  of  the  United  States  to  be  appointed  by  the  President, 


APPOINTMENTS— THE  SEAL— COMMISSIONS  249 

by  and  with  the  advice  and  consent  of  the  Senate,  or  by  the 
President  alone :  Provided,  That  the  said  seal  shall  not  be 
affixed  to  any  commission,  before  the  same  shall  have  been 
signed  by  the  President  of  the  United  States,  nor  to  any 
other  instrument  or  act,  without  the  special  warrant  of  the 
President  therefor. 

And  the  third  section  said : 

That  the  seal  heretofore  used  by  the  United  States  in  Con- 
gress assembled,  shall  be,  and  hereby  is  declared  to  be,  the 
seal  of  the  United  States. 

The  device  adopted  for  the  seal  by  the  Continental 
Congress  was,  therefore,  continued,  and  the  Secretary 
of  State  became  the  custodian  of  the  arms  of  the 
United  States. 

The  first  committee  to  design  the  arms  and  seal  was 
appointed  by  the  Continental  Congress  July  4,  1776, 
and  was  composed  of  Benjamin  Franklin,  John 
Adams,  and  Thomas  Jefferson.1  The  design  reported 
by  them  on  August  20  was  not  accepted,  and  nothing 
further  was  done  on  the  subject  until  March  25,  1780, 
when  James  Lovell  of  Massachusetts,  John  Morin 
Scott  of  New  York,  and  William  Churchill  Houston  of 
New  Jersey  were  appointed  a  committee  to  take  into 
consideration  the  report  of  the  first  committee.  They 
reported  on  March  10  "a  device  of  a  Great  Seal  for 
the  United  States  in  Congress  assembled,"  and 
advised  also:  "A  minature  of  the  face  of  the  Great 
Seal  to  be  prepared  of  half  the  diametre,  to  be  affixed 
as  the  less  seal  of  the  United  States." 

i  See  the  History  of  the  Seal  of  the  United  States   (Hunt),  Wash- 
ington, Dept.  of  State,  1909. 


250  THE  DEPARTMENT  OF  STATE 

The  design  submitted  by  this  committee  shared  the 
fate  of  the  first  committee's  design,  and  in  1782  Con- 
gress named  another  committee,  composed  of  Arthur 
Middleton  of  South  Carolina,  Elias  Boudinot  of  New 
Jersey,  and  John  Rutledge  of  South  Carolina,  to 
report  on  the  subject  again.  This  committee  called 
into  consultation  William  Barton,  A.M.,  of  Phila- 
delphia and  Lancaster,  a  scholar  and  a  student  of 
heraldry,  who  submitted  designs  for  both  obverse  and 
reverse.  They  were  turned  over  to  Charles  Thomson, 
the  Secretary  of  Congress,  who  improved  upon 
Barton's  design;  and  from  this  improvement  Barton 
designed  what  is  now  the  arms  of  the  United  States. 
It  was  adopted  July  20,  1782,  as  follows : 

On  report  of  the  secretary,  to  whom  were  referred  the 
several  reports  on  the  device  for  a  great  seal,  to  take  order. 

The  device  for  an  armorial  achievement  and  reverse  of  the 
great  seal  of  the  United  States  in  Congress  assembled,  is  as 
follows : 

ARMS.  Paleways  of  thirteen  pieces,  argent  and  gules; 
a  chief,  azure ;  the  escutcheon  on  the  breast  of  the  American 
eagle  displayed  proper,  holding  in  his  dexter  talon  an  olive 
branch,  and  in  his  sinister  a  bundle  of  thirteen  arrows,  all 
proper,  and  in  his  beak  a  scroll,  inscribed  with  this  motto, 
"E  Pluribus  Unnm." 

For  the  CREST.  Over  the  head  of  the  eagle,  which  appears 
above  the  escutcheon,  a  glory,  or,  breaking  through  a  cloud, 
proper,  and  surrounding  thirteen  stars,  forming  a  constella- 
tion, argent,  on  an  azure  field. 

REVERSE.  A  pyramid  unfinished.  In  the  zenith,  an  eye 
in  a  triangle,  surrounded  with  a  glory  proper.  Over  the  eye 
these  words,  "annuit  coeptis." 

On    the    base    of    the    pyramid    the    numerical    letters 


APPOINTMENTS— TEE  SEAL— COMMISSIONS  251 

MDCCLXXVI.       And    underneath     the     following     motto, 
"Novus  ordo  Seclorum." 

REMARKS   AND    EXPLANATION 

The  escutcheon  is  composed  of  the  chief  &  pale,  the  two 
most  honorable  ordinaries.  The  pieces,  paly,  represent  the 
several  States  all  joined  in  one  solid  compact  entire,  support- 
ing a  chief,  which  unites  the  whole  and  represents  Congress. 
The  motto  alludes  to  this  Union.  The  pales  in  the  arms  are 
kept  closely  united  by  the  chief  and  the  chief  depends  on 
that  Union  and  the  strength  resulting  from  it  for  its  support, 
to  denote  the  confederacy  of  the  United  States  of  America 
and  the  preservation  of  their  Union  through  Congress.  The 
colours  are  those  used  in  the  flag  of  the  United  States  of 
America ;  white  signifies  purity  and  innocence,  red,  hardiness 
or  valour,  and  blue,  the  colour  of  the  chief  signifies  vigilance, 
perseverance  and  justice.  The  olive  branch  and  arrows 
denote  the  power  of  peace  and  war  which  is  exclusively 
vested  in  Congress.  The  constellation  denotes  a  new  State 
taking  its  place  and  name  among  other  sovereign  powers. 
The  escutcheon  is  borne  on  the  breast  of  an  American  eagle 
without  any  other  supporters,  to  denote  that  the  United 
States  of  America  ought  to  rely  on  their  own  virtue. 

Reverse.  The  pyramid  signifies  strength  and  duration; 
the  eye  over  it  and  the  motto  allude  to  the  many  signal  inter- 
positions of  Providence  in  favour  of  the  American  cause. 
The  date  underneath  is  that  of  the  Declaration  of  Independ- 
ence and  the  words  under  it  signify  the  beginning  of  the  new 
American  aera,  which  commences  from  that  date. 

The  reverse  was  not  cut  at  the  time  the  seal  was 
adopted,  and  has  never  been  officially  used  as  a  part 
of  the  seal.  In  1882,  that  year  marking  a  century  of 
use  of  the  seal,  a  great  deal  of  popular  interest  was 
shown  in  it,  and  the  government  was  urged  by  a 
number  of  people  to  cause  the  reverse  to  be  cut.    On 


252  THE  DEPARTMENT  OF  STATE 

January  10,  1883,  the  Secretary  of  State,  Theodore 
F.  Frelinghuysen,  addressed  the  chairman  of  the 
Committee  on  Approximations  of  the  House  of  Repre- 
sentatives, with  reference  to  cutting  a  new  seal,  and 
said  that  the  reverse  ought  to  be  cut,  as  "a  proper 
respect  to  pay  to  the  founders  of  this  Government,  at 
this  time,  to  carry  out  the  purpose  so  clearly  expressed 
by  them  in  Congress  June  20,  1782."  Accordingly, 
Congress  appropriated,  by  Act  of  July  7,  1884,  the 
sum  of  $1,000,  "to  enable  the  Secretary  of  State  to 
obtain  dies  of  the  obverse  and  reverse  of  the  seal  of 
the  United  States."1 

The  Department  called  into  consultation  over  the 
question  of  the  designs  Mr.  Justin  Winsor,  the  histo- 
rian, Professor  Charles  Eliot  Norton  of  Harvard, 
William  H.  Whitmore,  an  authority  on  heraldry,  and 
John  Denison  Champlin,  Jr.,  an  authority  on  engrav- 
ing and  art.  One  result  of  the  consultation  was  that 
the  Department  changed  its  intention  with  respect  to 
the  reverse  and  determined  not  to  cut  it.  Mr.  Winsor 
said,  in  his  letter  to  Theodore  F.  Dwight,  the  chief  of 
the  Bureau  of  Rolls  and  Library,  that  it  was  "both 
unintelligent  and  commonplace,"  adding:  "If  it  can 
be  kept  in  the  dark,  as  it  seems  to  have  been  kept,  why 
not  keep  it  so?"  All  agreed  that  it  should  go 
unnoticed,  and  that  part  of  the  law  of  1884,  which 
authorized  its  being  cut,  was  not  made  effective. 

The  first  seal  was  cut  in  1782  and  is  found  on  a 
commission  dated  September  16,  1782,  giving  full 
authority  to  General  Washington  to  arrange  for  an 

i  23  Stat.,  194. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  253 

exchange  with  Great  Britain  of  a  number  of  prisoners 
of  war.  This  seal  continued  in  use  for  fifty-nine  years, 
when,  in  1841  another  one  was  made,  Daniel  Webster  (2) 
being  the  Secretary  of  State;  but  there  was  careless 
oversight  of  the  engraving  of  the  second  seal,  and  in 
the  eagle's  sinister  talon  were  placed  six  arrows, 
instead  of  the  thirteen  required  by  law.  Nevertheless 
the  seal  continued  to  be  used  until  a  new  one  was  cut 
in  1884,  under  the  authority  of  the  Act  of  1884.  The 
designer  of  this  seal  was  James  Horton  Whitehouse, 
chief  designer  for  Messrs.  Tiffany  &  Company  of  New 
York,  and  the  new  seal  was  really  an  enlargement  and 
a  modern  interpretation  of  the  seal  of  1782,  that  design 
having  been  determined  upon  as  a  result  of  the 
consultation  with  the  specialists  already  named. 

In  1902  it  was  determined  to  cut  another  seal,  that 
of  1884  having  become  worn,  and  authority  for  the 
purpose  was  given  by  the  Act  of  July  1,  1902.1 

Before  the  act  was  put  into  effect,  a  discussion  arose 
among  the  officers  of  the  Department  on  the  subject 
of  the  design.  On  one  side,  it  was  thought  that  the 
design  in  use  was  not  the  best  obtainable  and  that  an 
artist  of  high  repute  should  be  called  in  to  draw  a  new 
one.  In  fact,  there  was  preliminary  consultation  with 
such  an  artist.  On  the  other  side,  it  was  insisted  that 
a  new  design  would  certainly  vary  from  the  original 
seal ;  that  there  must  be  a  stable  interpretation  of  the 
American  arms ;  that  the  seal  of  1884  had  been  made 
with  great  care  after  free  consultation  with  experts ; 
that  it  had  been  generally  accepted  by  other  govern- 

1  32  Stat.,  552. 


254  THE  DEPARTMENT  OF  STATE 

ment  departments;  was  used  on  the  uniform  of  the 
army  and  the  President's  flag  in  the  navy,  and  that 
it  should  be  adhered  to.  To  this  conclusion  the 
Department  definitely  came,  after  full  consideration, 
and  the  expenditure  authorized  by  Congress  for  cut- 
ting the  seal  not  having  been  made,  the  amount  was 
reappropriated  by  Act  of  July  1, 1903,  in  the  following 
terms : 

To  enable  the  Secretary  of  State  to  have  the  Great  Seal 
of  the  United  States  recut  from  the  original  model,  and  to 
purchase  a  suitable  press  for  its  use  and  a  cover  to  protect 
the  same  from  dust,  the  sum  of  one  thousand  two  hundred 
and  fifty  dollars,  appropriated  by  the  deficiency  act  approved 
July  first,  nineteen  hundred  and  two  "to  enable  the  Secretary 
of  State  to  have  the  Great  Seal  of  the  United  States  recut" 
is  hereby  reappropriated  for  the  purposes  above  mentioned.1 

The  use  of  the  words  "original  model"  in  the  law 
effectually  put  at  rest  the  question  of  making  a  new 
design ;  but  precisely  what  it  meant  beyond  this  is  not 
clear.  The  seal  of  1782  was  the  original  seal ;  and  the 
seal  of  1884  had  been  made  to  conform  to  it  in  all 
essentials.  In  default  of  there  being  any  other 
"original  model,"  the  Department  interpreted  the 
law  as  meaning  that  there  should  be  no  departure  from 
the  design  in  use.  The  new  model  was  accordingly 
cut  on  precisely  the  same  model  as  the  seal  of  1884. 

Another  interesting  discussion  on  the  subject  of  the 
seal  had  occurred  in  1897,  between  Rear  Admiral 
French  C.  Chadwick,  United  States  Navy,  Chief  of 
the  Bureau  of  Equipment  of  the  Navy  Department, 

i  32  Stat.,  1032. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  255 

and  the  Department  of  State  through  the  Honorable 
William  W.  Rockhill,  the  Assistant  Secretary.  The 
Navy  Department  being  engaged  in  designing  the 
President's  flag,  which  is  the  arms  of  the  United 
States  upon  a  blue  field,  wished  their  interpretation 
of  the  arms  to  be  in  accurate  agreement  with  the  seal ; 
but  in  arranging  the  colors  of  the  pales  or  stripes  of 
the  shield,  the  colors  being  the  same  as  those  used  in 
the  flag  of  the  United  States,  it  was  questioned  whether 
the  arrangement  should  not  be  the  same — that  is  to 
say,  alternate  red  and  white,  instead  of  white  and  red 
as  indicated  by  the  heraldic  lines  engraved  upon  the 
seal. 

Admiral  Chadwick  suggested  to  Mr.  Rockhill  that, 
as  the  law  providing  for  the  seal  required  that  the 
colors  of  the  shield  should  be  the  same  as  those  of  the 
flag,  the  intent  was  that  the  order  of  arrangement 
should  be  the  same.  Upon  full  explanation  of  the 
history  of  the  seal,  however,  he  agreed  that  the  lan- 
guage of  the  law  required  an  arrangement  different 
from  that  of  the  flag.  It  was  hinted  that  it  might  be 
proper  to  ask  Congress  to  change  the  law  so  as  to 
make  the  flag  and  arms  in  full  agreement,  but  the 
Department  has  not  thus  far  shown  an  inclination 
to  favor  a  change.  The  Continental  Congress  having 
deliberately  adopted  the  existing  arrangement,  putting 
the  white,  signifying  purity  and  innocence,  before  the 
red,  signifying  hardiness  and  valor,  had  a  purpose 
which  should  be  respected. 

The  Act  of  1789  established  "the  seal  of  the  United 
States,"  using  the  same  designation,  as  we  shall  see 


256  THE  DEPARTMENT  OF  STATE 

presently,  that  Washington  employed  before  the  seal 
was  given  into  the  keeping  of  any  Department.  It 
was  not  clear  until  the  passage  of  this  act  that  there 
was  to  be  no  lesser  seal.  The  committee  of  1780  in 
the  Continental  Congress  had  recommended  one. 
Vining's  plan  for  a  Home  Department,  offered  in  the 
House  July  23,  1789,  prescribed  that  the  head  of  that 
Department  was  not  only  "to  keep  the  great  seal," 
but  "to  keep  the  lesser  seal,  and  to  affix  it  to  commis- 
sions, etc."  Opponents  of  the  bill  said  the  Secretary 
of  Foreign  Affairs  could  keep  both  seals.  But  when 
all  idea  of  a  greater  and  lesser  seal  was  abandoned 
there  ceased  to  be  full  reason  for  calling  the  only  seal 
the  great  seal.  The  law,  therefore,  prescribed  simply 
"the  seal  of  the  United  States,"  and  by  the  Depart- 
ment it  is  always  so  designated ;  but  the  appropriation 
acts  of  1902  and  1903  described  it  as  "the  great  seal," 
and  so  had  the  decision  of  the  Supreme  Court  in  1803, 
in  speaking  of  its  uses.  While  the  more  accurate 
designation  is  "the  seal  of  the  United  States"  the  use 
of  the  term  "great  seal"  is  common  and  not  incorrect. 
The  law  making  the  Secretary  of  State  the  custodian 
of  the  seal  expressly  forbade  him  to  affix  it  to  any 
commission  until  it  should  be  signed  by  the  President, 
"nor  to  any  other  instrument  or  act,  without  the 
special  warrant  of  the  President  therefor."  In  the 
famous  case  of  Marbury  v.  Madison,  the  Supreme 
Court,  through  Chief  Justice  Marshall,  said  in  1803 : 

The  signature  [of  the  President]  is  a  warrant  for  affixing 
the  great  seal  to  the  commission,  and  the  great  seal  is  only 
to  be  affixed  to  an  instrument  which  is  complete.     It  attests, 


APPOINTMENTS— THE  SEAL— COMMISSIONS  257 


by  an  act  supposed  to  be  of  public  notoriety,  the  verity  of 
the  presidential  signature. 

It  is  never  to  be  affixed  till  the  commission  is  signed,  because 
the  signature  which  gives  force  and  effect  to  the  commission, 
is  conclusive  evidence  that  the  appointment  is  made. 

The  commission  being  signed,  the  subsequent  duty  of  the 
Secretary  of  State  is  prescribed  by  law,  and  not  to  be  guided 
by  the  will  of  the  President.  He  is  to  affix  the  seal  of  the 
United  States  to  the  commission,  and  is  to  record  it.1 

Before  the  Department  of  State  was  created,  the 
recital  used  on  a  Presidential  commission  was : 

In  testimony  whereof  I  have  caused  these  letters  to  be 
made  patent  and  the  seal  of  the  United  States  to  be  hereunto 
affixed.     Given  under  my  hand  the  day  of 

in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-nine. 

The  President's  signature  followed,  but  there  was 
no  countersignature.  This  form  (using,  it  will  be 
observed,  the  term  "seal  of  the  United  States") 
continued  in  use  after  the  seal  passed  to  the  Secretary 
of  State's  custody  and  was  not  changed  till  August 
3,  1790,  when  the  recital  was  made  to  include  the  year 
of  independence,  and  the  instrument  was  counter- 
signed by  the  Secretary  of  State.  The  recital  on 
the  commission  to  General  Washington  to  exchange 
prisoners  ran: 

In  testimony  whereof  we  have  caused  these  letters  to  be 
made  patent  and  the  Great  Seal  of  the  United  States  of 
America  to  be  thereunto  affixed.  Witness  His  Excellency 
John  Hancock  President  of  the  United  States  in  Congress 
assembled  the  Sixteenth  day  of  September  and  in  the  year 

i 1  Cranch,  156. 


258  THE  DEPARTMENT  OF  STATE 

of  our  Lord  one  thousand  seven  hundred  and  eighty-two,  and 
of  our  Sovereignty  and  Independence  the  seventh. 

The  recital  now  used  may  be  seen  in  the  commissions 
cited  further  on  in  this  volume.1 

Under  the  law  the  Secretary  of  State  has  authority 
to  affix  the  seal  to  Presidential  commissions  as  soon 
as  they  are  signed.  For  "any  other  instrument  or 
act"  he  must  have  the  special  warrant  of  the  President 
to  affix  it.  The  other  instruments  are  commonly 
proclamations,  treaties  and  conventions,  communica- 
tions to  foreign  rulers,  full  powers  to  American  envoys 
and  warrants  of  extradition.  To  authorize  the 
Secretary  of  State  to  affix  the  seal  to  these  it  has 
always  been  construed  that  a  separate  warrant  was 
necessary.  The  same  form  has  been  in  use  from  the 
beginning  and  is  as  follows : 

the  white  house  [formerly  Executive  Mansion] 

Washington,  [Date] 
I  hereby  authorize  and  direct  the  Secretary  of  State  to 
cause  the  Seal  of  the  United  States  to  be  affixed  to 

[nature  of  the  instrument.] 
dated  this  day,  and  signed  by  me ;  and  for  so  doing  this  shall 
be  his  warrant. 

[Signature  of  the  President.] 

The  seal  was  to  be  affixed,  the  law  said,  "to  all  civil 
commissions  to  officers  of  the  United  States  to  be 
appointed  by  the  President  by  and  with  the  advice 
and  consent  of  the  Senate  or  by  the  President  alone. ' ' 
This  left  only  army  and  navy  officers  to  be  commis- 
sioned under  other  seals;  but  as  the  business  of  the 

i  Post,  p.  265. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  259 


government  has  expanded  the  inconvenience  of  having 
the  seal  attached  to  commissions  of  officers  serving 
under  other  Departments  than  the  Department  of 
State  has  been  recognized.  By  Act  of  March  18, 1874,1 
the  commissions  of  postmasters  were  directed  to  be 
made  out  under  the  seal  of  the  Post-Office  Department ; 
the  Act  of  March  3,  1875,2  placed  the  commissions  of 
officers  of  the  Interior  Department  under  that  Depart- 
ment; by  Act  of  August  8,  1888,3  all  judicial  officers, 
marshals  and  United  States  attorneys  were  ordered 
to  be  appointed  under  the  seal  of  the  Department  of 
Justice.  By  executive  order  of  President  Cleveland, 
June  16,  1893,  warrants  of  pardon  and  commutations 
of  sentence  granted  to  offenders  convicted  in  the  courts 
of  the  United  States  were  thereafter  to  be  issued  under 
the  seal  of  the  Department  of  Justice. 

At  the  present  time  the  seal  is  affixed  to  the  com- 
missions of  all  cabinet  officers  and  diplomatic  and 
consular  officers  who  are  appointed  by  the  President; 
by  and  with  the  advice  and  consent  of  the  Senate;! 
to  ceremonious  and  official  communications  to  the 
heads  of  foreign  governments ;  to  all  treaties,  conven- 
tions, and  formal  agreements  of  the  President  with 
foreign  powers ;  to  all  proclamations  by  the  President ; 
to  all  exequaturs  to  foreign  consular  officers  in  the 
United  States  who  are  appointed  by  the  heads  of  the 
governments  which  they  represent;  to  warrants  by 
the  President  to  take  fugitives  from  the  justice  of  the 

i  18  Stat.,  23. 

2  18  Stat.,  420. 

3  25  Stat.,  387. 


260  THE  DEPARTMENT  OF  STATE 

United  States  into  custody  under  extradition  treaties ; 
and  to  all  miscellaneous  commissions  of  civil  officers 
appointed  by  the  President  with  the  consent  of  the 
Senate,  whose  appointments  are  not  by  law  directed 
to  be  signed  under  a  different  seal. 

The  die  of  the  seal  cut  in  1782  was  of  brass  and  had 
no  matrix.  A  wafer  of  wax  was  placed  upon  the 
document,  a  thin  sheet  of  paper  was  laid  over  the 
wafer  and  the  seal  was  then  impressed.  The  docu- 
ments sealed  by  the  Continental  Congress  contain  the 
seal  in  the  upper  left  hand  corner.  This  position  was 
continued  under  the  new  government  for  a  time,  when 
it  was  changed  and  put  at  the  end  of  the  body  of  the 
document  alongside  of  the  closing  formal  recital  and 
to  the  left  of  it,  the  Secretary  of  State's  signature 
being  written  under  the  seal. 

All  of  the  committees  which  made  designs  for  the 
seal  designed  a  reverse  and  one  was  finally  adopted. 
It  is  evident,  therefore,  that  it  was  expected  to  use 
a  pendant  seal  commonly,  as  most  of  the  states  did 
at  that  time ;  but  the  seal  was  never  used  pendantly  by 
the  Continental  Congress.  After  the  organization  of 
the  Department  of  State  it  was  affixed  pendantly  to 
a  few  instruments,  but  a  separate  pendant  seal  was 
not  provided  until  about  1856,  when  one  was  made  at 
the  State  Department's  instance,  or  upon  an  under- 
standing with  the  Department,  by  Samuel  Lewis,  a 
jeweler  in  Washington.  It  was  about  six  inches  in 
diameter  and  was  used  only  on  treaties.  It  was  kept 
by  Mr.  Lewis,  being,  as  it  appears,  his  property,  and 
whenever  a  seal  for  a  treaty  was  desired  he  furnished 


APPOINTMENTS— THE  SEAL— COMMISSIONS  261 

an  impression  in  wax  with  the  gold  or  silver  box  in 
which  it  was  to  be  placed,  the  cover  of  which  had  the 
arms  stamped  upon  it  in  relief.  The  cords  or  ribbons 
passing  through  the  document  and  the  wax  were 
adjusted  at  the  Department.  In  1869  the  use  of  a 
separate  seal  for  treaties  was  abandoned,  and  since 
then  the  seal  has  been  impressed  upon  the  document 
itself  in  all  cases. 

From  the  time  the  seal  was  made,  until  he  turned 
it  over  to  his  deputy,  Roger  Alden,  Charles  Thomson, 
Secretary  of  Congress,  was  its  actual  custodian. 
Alden  had  it  during  the  interval  between  the  old  and 
new  government,  and  afterwards,  as  the  chief  of  the 
Home  Office  in  the  Department  of  State,  until  he 
resigned  in  1790.  Thereafter  the  seal  undoubtedly 
continued  in  the  custody  of  the  Home  Office  as  long  as 
that  subdivision  of  the  Department  existed.  In  1808 
Stephen  Pleasonton,  who  made  out  all  civil  commis- 
sions, must  have  been  its  keeper.  When  Secretary 
Louis  McLane  organized  the  Bureau  of  Archives, 
Laws  and  Commissions  in  1833,  the  seal  was  put  in 
that  office ;  but  in  1834,  when  Secretary  John  Forsyth 
enlarged  the  Home  Bureau,  he  placed  it  there,  where 
it  remained  until,  in  1839,  a  Bureau  of  Exequaturs 
and  Commissions  was  formed.  In  1841  this  bureau 
disappeared  and  the  seal  passed  to  the  care  of  the 
commission  clerk,  who  under  varying  designations  has 
continued  in  charge  of  it  ever  since.  In  1852  George 
Bartle  of  Virginia  was  assigned  to  duty  as  commission 
clerk,  and  had  the  seal  under  his  care  for  forty-seven 
years,  until  his  death  in  1899,  a  longer  time  than  any 


262  THE  DEPARTMENT  OF  STATE 


other  of  its  custodians.  His  successor  was  Robert 
Brent  Mosher,  until  his  resignation  in  1905,  he  being 
succeeded  by  Charles  Ray  Dean,  who  resigned  in  1908, 
he  being  succeeded  after  an  interval  in  that  year  by 
Miles  M.  Shand,  the  present  custodian. 

Recording  commissions,  which  the  law  requires  shall 
be  done  by  the  Secretary  of  State  after  the  affixing 
of  the  seal,  is  a  duty  which  is  now  performed  upon 
practically  the  same  plan  as  that  which  existed  in 
1789.  The  commission  is  written  in  the  Bureau  of 
Appointments  and  sent  to  the  President.  Being 
returned  with  his  signature  it  is  countersigned  by  the 
Secretary  of  State,  or  the  Acting  Secretary,  and  the 
seal  is  then  affixed.  It  is  then  recorded,  and  delivered 
to  the  person  for  whom  it  is  intended,  together  with 
the  oath  of  office,  which  he  is  expected  to  execute  and 
return  to  the  Department.  The  nomination  to  the 
Senate  which  precedes  most  Presidential  appointments 
is  in  the  following  form,  no  change  having  been  made 
in  it,  and  is  prepared  by  the  Bureau  of  Appointments.1 

It  is  as  follows : 

the  white  house,  [formerly  Executive  Mansion] 

[Date.] 
To  the  Senate  of  the  United  States. 

I  nominate  [name  of  person  and  of  office  for  which  he  is 
named.] 

[Signature  of  the  President.] 

The  form  of  commission  for  a  cabinet  officer  is  as 
follows,  having  been  the  same  since  the  foundation  of 
the  government: 

1  Bureau  of  Appointments,  blank  forms  and  record  books. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  263 

James  Madison,  President  of  the  United  States  of  America, 
To  all  who  shall  see  these  presents  Greeting: 
Know  ye,  That  reposing  special  Trust  and  Confidence  in 
the  Patriotism,  Integrity  and  Abilities  of  Walter  Jones,  of 
Pennsylvania,  I  have  nominated,  and  by  and  with  the  advice 
and  consent  of  the  Senate  do  appoint  him  Secretary  of  the 
Navy  of  the  United  States,  and  do  authorize  and  empower 
him  to  execute  and  fulfill  the  duties  of  that  office  according 
to  Law;  and  to  have  and  to  hold  the  said  office  with  all  the 
powers,  privileges  and  emoluments  to  the  same  of  right 
appertaining  during  the  pleasure  of  the  President  of  the 
United  States  for  the  time  being. 

In  testimony  whereof,  I  have  caused  these  Letters  to  be 
made  patent  and  the  Seal  of  the  United  States  to 
[seal]     be  hereunto  affixed.    Given  under  my  hand  at  the 
City  of  Washington,  the  Twelfth  day  of  January 
in  the  year  of  our  Lord  1813,  and  of  the  Inde- 
pendence of  the  United  States  the  Thirty  seventh. 
James  Madison. 
By  the  President 

James  Monroe,  Secretary  of  State. 

For  a  judicial  officer  the  form  was,  when  the 
commissions  were  made  out  in  the  Department  of 
State : 

George    Washington,    President    of    the    United    States    of 

America. 

To  all  who  shall  see  these  Presents  Greeting : 

Whereas  the  office  of  one  of  the  Associate  Justices  of  the 

Supreme  Court  of  the  United  States  is  at  present  vacant, 

Know  ye,  That  reposing  special  trust  and  confidence  in  the 

wisdom,   uprightness,   and  learning  of  Thomas  Johnson  of 

Maryland,  I  do  appoint  him  one  of  the  Associate  Justices 

of  the  said  Supreme   Court  of  the  United  States,   and  do 

authorize  and  empower  him  to  execute  and  fulfil  the  duties 


264  THE  DEPARTMENT  OF  STATE 

of  that  office  according  to  the  Constitution  and  Laws  of  the 
s.iid  United  States  and  to  have  and  to  hold  the  said  office 
with  all  the  Powers,  Privileges,  and  Emoluments  to  the  same 
of  Right  appertaining,  unto  him  the  said  Thomas  Johnson 
during  his  good  behaviour,  and  until  the  end  of  the  next 
session  of  the  Senate  of  the  United  States,  and  no  longer. 
In  testimony  whereof,  I  have  caused  these  Letters  to  be 
made  patent  and  the  Seal  of  the  United  States  to 
[seal]     hereunto  affixed.     Given  under  my  hand  at  the 
City  of  Washington,  the  fifth  day  of  August  in  the 
year  of  our  Lord  1791,  and  of  the  Independence  of 
the  United  States  the  twenty  fifth. 
G°.  Washington, 
By  the  President. 

Th.  Jefferson,  Secretary  of  State. 

This  commission  was,  it  will  be  observed,  for  an 
appointment  made  during  a  recess  of  the  Senate. 

The  form  for  a  diplomatic  officer  is  as  follows.  It 
is  the  same  as  that  used  April  20,  1790,  in  the  com- 
mission given  to  William  Short,  the  first  diplomatic 
officer  appointed  by  President  Washington. 

Abraham  Lincoln,  President  of  the  United  States  of  America, 
To  Cassius  M.  Clay,  of  Kentucky,  Greeting, 
Reposing  special  trust  and  confidence  in  your  Integrity, 
Prudence  and  Ability,  I  have  nominated,  and  by  and  with 
the  advice  and  consent  of  the  Senate  do  appoint  you  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America  to  Spain,  authorizing  you,  hereby,  to  do 
and  perform  all  such  matters  and  things  as  to  the  said  place 
or  office  doth  appertain,  or  as  may  be  duly  given  you  in 
charge  hereafter,  and  the  said  office  to  hold  and  exercise 
during  the  pleasure  of  the  President  of  the  United  States  for 
the  time  being. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  265 

In  testimony  whereof,  I  have  caused  these  Letters  to  be 
made  patent  and  the  Seal  of  the  United  States  to 
[seal]     be  hereunto  affixed.    Given  under  my  hand  at  the 
City  of  Washington,  the  Fourteenth  day  of  March 
in  the  year  of  our  Lord  1861,  and  of  the  Inde- 
pendence of  the  United  States  the  Eighty-fifth. 
Abraham  Lincoln. 
By  the  President. 

William  H.  Seward, 


Secretary  of  State. 


For  a  consul  the  form  was 


George  Washington,  President  of  the  United  States  of 
America, 
To  all  who  shall  see  these  Presents,  Greeting: 
Know  ye,  that  reposing  special  Trust  and  Confidence  in  the 
Abilities  and  Integrity  of  Samuel  Shaw  of  Massachusetts,  I 
have  nominated  and  by  and  with  the  advice  and  consent  of 
the  Senate  do  appoint  him  Consul  of  the  United  States  to 
reside  at  Canton,  China,  And  do  authorize  and  empower  him 
to  have  and  to  hold  the  said  office  and  to  exercise  and  enjoy 
all  the  Rights,  Preeminences,  Privileges  and  Authorities  to 
the  same  of  Right  appertaining,  during  the  pleasure  of  the 
President  of  the  United  States  for  the  time  being.  He 
demanding  and  receiving  no  fees  or  perquisites  of  office  what- 
ever. And  I  do  hereby  enjoin  all  Captains,  Masters  and 
Commanders  of  ships,  and  other  vessels,  armed  or  unarmed, 
sailing  under  the  flag  of  the  United  States,  as  well  as  all  other 
of  their  citizens  to  acknowledge  and  consider  him  the  said 
Samuel  Shaw  accordingly.  And  I  do  hereby  pray,  and 
request  his  Imperial  Majesty  the  Emperor  of  China,  and  his 
Governors  and  officers,  to  permit  the  said  Samuel  Shaw  fully 
and  peaceably  to  enjoy  and  exercise  the  said  office  without 
giving  or  suffering  to  be  given  unto  him,  any  molestation  or 
trouble,  but  on  the  contrary  to  afford  him  all  proper  coun- 
tenance and  assistance ;  I  offering  to  do  the  same  for  all  those 


266  THE  DEPARTMENT  OF  STATE 

who  shall,  in  like  manner,  be  recommended  to  me  by  his  said 
Imperial  Majesty. 

In  testimony  whereof,  I  have  caused  these  Letters  to  be 
made  patent,  and  the  Seal  of  the  United  States  to 
[seal]  be  hereunto  affixed.  Given  under  my  hand  at  the 
City  of  New  York  the  tenth  day  of  February,  in 
the  year  of  our  Lord,  one  thousand  seven  hundred 
and  ninety. 

G°.  Washington. 

A  consul  being  appointed  in  a  country  where  there 
were  other  American  consuls  received  a  commission 
with  the  following  variation,  the  example  being  taken 
from  the  commission  to  Joshua  Johnson,  August  3, 
1790: 

....  Consul  of  the  United  States  of  America  for  the  Port 
of  London  in  the  Kingdom  of  Great  Britain,  and  for  such 
parts  of  the  said  Kingdom  as  shall  be  nearer  to  the  said  Port 
than  to  the  residence  of  any  other  Consul  or  Vice-Consul  of 
the  United  States  in  the  said  Kingdom. 

The  only  changes  in  the  form  of  the  consular  com- 
mission have  been  that  after  the  words  "fees  or 
perquisites  of  office  whatever,"  there  were  added, 
"which  shall  not  be  expressly  established  by  some  law 
of  the  said  United  States, ' '  and  in  1910  after  the  name 
of  the  place  to  which  the  consul  is  appointed  were 
added  the  words  "and  its  prescribed  district." 

The  form  of  exequatur  issued  to  a  foreign  consul 
has  not  changed.  If  his  commission  is  from  the  head 
of  the  state  which  he  represents,  the  recognition  is 
by  the  President.  If  it  is  from  a  lesser  authority  it  is 
by  the  Secretary  of  State,  the  form  being  the  same, 
mutatis  mutandis. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  267 

William  Howard  Taft,  President  of  the  United  States  of 
America, 
Satisfactory  evidence  having  been  exhibited  to  me  that 
Henri  Francastel  has  been  appointed  Consul  of  France  at 
New  Orleans,  Louisiana,  for  the  States  of  Alabama,  Arkansas, 
Florida,  Louisiana,  Mississippi,  Oklahoma  and  Tennessee  and 
the  Territory  of  New  Mexico,  I  do  hereby  recognize  him  as 
such  and  declare  him  free  to  exercise  and  enjoy  such  func- 
tions, powers,  and  privileges  as  are  allowed  to  the  consuls 
of  the  most  favored  nations  in  the  United  States. 

In  testimony  whereof  &c. 
[February  27,  1911.] 

The  seal  of  the  United  States  is  placed  on  the  out- 
side of  the  envelope  which  contains  a  letter  from  the 
President  to  the  head  of  a  foreign  government.  It 
is  customary  to  send  a  copy  of  the  letter  with  the 
original  and  the  original  often  remains  unopened  in? 
the  sealed  envelope.  What  are  known  as  ceremonial 
letters  are  communications  usually  of  a  congratulatory 
or  condolatory  character,  couched  in  complimentary 
language  which  is  without  significance.  They  are 
written  in  the  Department  by  some  officer  or  clerk 
who  understands  the  art  of  correctly  turning  the 
sentences  and  following  the  prescribed  forms.  The 
Continental  Congress  wrote  many  of  these  letters. 

The  following,  which  is  one  of  the  earliest  signed 
by  the  President,  was  written  in  consequence  of  the 
official  news  of  the  death  of  the  Dauphin  of  France.1 
It  is  warmer  in  tone  than  is  customary,  but  does  not 
differ  in  style  from  a  letter  at  the  present  day  from 
the  President  to  a  head  of  government. 

i  Bureau  of  Indexes  and  Archives,  Letters  of  Credence. 


268  TEE  DEPARTMENT  OF  STATE 

To  the  King  of  France. 
Great  and  beloved  Friend  and  Ally. 

By  the  change  which  has  taken  place  in  the  national  Govern- 
ment of  the  United  States,  the  honor  of  receiving  and 
answering  your  Majesty's  letter  of  7th  of  June,  to  "the 
President  and  Members  of  Congress, ' '  has  devolved  upon  me. 

The  painful  event  communicated  in  it,  could  not  fail  to 
affect  the  sensibility  and  excite  the  Regret  of  the  People  of 
the  United  States,  who  have  so  much  reason  to  feel  an  Interest 
in  whatever  concerns  the  Happiness  of  your  Majesty,  your 
Family  and  Nation.  They  very  seriously  condole  with  you 
on  the  occasion  and  are  sensible  how  greatly  the  Misfortune 
must  have  been  enhanced  by  those  Qualities  in  the  Dauphin, 
which  promised  to  have  rendered  that  Prince  a  Blessing,  not 
only  to  his  Family,  but  to  his  Nation. 

Permit  me  to  assure  your  Majesty  of  the  unceasing  Grati- 
tude and  Attachment  of  the  United  States,  and  of  our 
Prayers  that  the  Almighty  will  be  pleased  to  keep  you,  our 
Great  and  beloved  Friend  and  Ally,  under  his  constant 
Guidance  and  Protection. 

New  York  the  ninth  day  of  October  1789. 

G°.  Washington. 
[Sealed  on  the  outside.] 

Another  class  of  President's  letter  of  greater 
importance  is  the  "letter  of  credence"  given  to  an 
American  diplomatic  representative  to  present  to  the 
head  of  the  government  to  which  he  is  accredited.  The 
form  has  undergone  no  changes. 

To  the  Queen  of  Portugal. 
Great  and  good  Friend, 

Desirous  to  promote  a  friendly  and  useful  intercourse 
between  the  subjects  of  your  Majesty  and  the  Citizens  of 
these  states,  and  to  give  proofs  of  our  good  will  and  consider- 


APPOINTMENTS— THE  SEAL— COMMISSIONS  269 

ation  towards  your  Majesty,  I  have  named  David  Humphreys, 
one  of  our  distinguished  citizens,  Minister  Resident  for  the 
United  States  of  America  near  your  Majesty.  He  knows  the 
interest  we  take,  and  shall  ever  take,  in  your  prosperity  and 
happiness ;  and  I  beseech  your  Majesty  to  give  entire  credence 
to  whatever  he  shall  deliver  on  our  part,  and  most  of  all  when 
he  shall  assure  you  of  the  sincerity  of  our  Friendship. 

I  pray  God  to  keep  you,  Great  and  Good  Friend,  under 
his  holy  protection. 

Written  at  Philadelphia  the  twenty-first  of  February  1791. 

Your  Good  Friend, 

G°.  Washington. 
By  the  President : 

Th.  Jefferson. 

The  letters  of  credence  and  ceremonial  letters  are 
prepared  in  the  Diplomatic  Bureau  and  recorded  in 
the  Bureau  of  Indexes  and  Archives. 

As  the  bureau  in  which  all  commissions  are  recorded 
the  Bureau  of  Appointments  prepares  and  records  the 
commissions  of  clerks.  The  form  of  appointment 
observed  by  the  first  Secretary  is  given  in  a  previous 
chapter.1     Slight  modifications  have  occurred  since. 

In  1817  it  was  as  follows : 

In  pursuance  of  authority  under  the  Act  of  Congress  passed 
on  the  eleventh  day  of  September,  1789,  entitled  "An  Act 
for  establishing  the  salaries  of  the  executive  officers  of  the 
government  with  their  assistants  and  clerks,"  I  do  hereby 
appoint  John  Bailey,  a  clerk  in  the  Department  of  State. 

Given  under  my  hand  at  Washington  this  first  day  of 
October  1817. 

John  Quincy  Adams. 

1  Ante,  p.  95. 


270  TEE  DEPARTMENT  OF  STATE 

In  1870  it  was  as  follows : 

Department  of  State, 

Washington  1st  June,  1870. 
I  hereby  appoint  Sevellon  A.  Brown  of  New  York,  to  be  a 
clerk  of  the  fourth  class,  in  the  Department  of  State,  of  the 
United  States,  during  the  pleasure  of  the  Secretary  of  State 
for  the  time  being,  with  a  salary  at  the  rate  of  eighteen 
hundred  dollars  per  annum. 

Hamilton  Fish, 
Secretary  of  State. 

After  the  enactment  of  the  Civil  Service  Law  it 
became : 

July  24,  1884. 
The  United  States  Civil  Service  Commission  having  certi- 
fied to  me  that  Edward  C.  Stewart  of  the  District  of 
Columbia  has  satisfactorily  passed  an  examination  in  pur- 
suance of  the  provisions  of  Section  5,  Rule  VII  of  the  Civil 
Service  Rules,  I  hereby  appoint  &c 

the  words  "dining  the  pleasure  of  the  Secretary  of 
State"  being  omitted. 

The  existing  form  states  how  the  vacancy  which  is 
being  filled  was  occasioned. 

Department  of  State, 
"Washington, 

May  8,  1907. 
I  hereby  appoint  Wilbur  J.  Carr  to  be  Chief  Clerk  of  the 
Department  of  State,  with  a  salary  at  the  rate  of  three  thou- 
sand dollars  per  annum  under  the  provisions  of  Civil  Service 
Rule  XI,  vice  Charles  Denby,  promoted. 

Elihu  Root, 

Secretary  of  State. 


APPOINTMENTS— THE  SEAL— COMMISSIONS  271 

Every  clerk  or  officer  serving  under  the  government 
is  required  after  his  appointment  and  before  he  enters 
upon  his  duties  to  take  the  oath  of  allegiance.  The 
early  forms  used  have  been  given  before.1  The  Act 
of  August  6,  1861,2  formulated  the  iron-clad  oath : 

I  do  solemnly  swear  that  I  will  support,  protect, 

and  defend  the  Constitution  and  Government  of  the  United 
States  against  all  enemies,  whether  domestic  or  foreign ; 
and  that  I  will  bear  true  faith,  allegiance,  and  loyalty  to  the 
same,  any  ordinance,  resolution,  or  law  of  any  State,  con- 
vention or  legislature  to  the  contrary  notwithstanding;  and, 
further,  that  I  do  this  with  a  full  determination,  pledge, 
and  purpose,  without  any  mental  reservation  or  evasion 
whatever;  and,  further,  that  I  will  well  and  faithfully 
perform  all  the  duties  which  may  be  required  of  me  by  law: 
so  help  me  God. 

This  was  repealed  by  the  Act  of  May  13,  1884! ^  and 
the  form  prescribed  by  section  1757  of  the  Revised 
Statutes  was  declared  to  be  the  oath.    It  is  as  follows : 

I  do  solemnly  swear  that  I  will  support  and  defend  the 
Constitution  of  the  United  States  against  all  enemies  foreign 
and  domestic ;  that  I  will  bear  true  faith  and  allegiance  to 
the  same,  and  that  I  take  this  obligation  freely  without  any 
mental  reservation  or  purpose  of  evasion,  and  that  I  will  well 
and  faithfully  perform  the  duties  of  the  office  upon  which 
I  am  about  to  enter :  so  help  me  God. 

Not  only  is  every  one  appointed  to  office  required  to 
take  this  oath ;  but  he  is  required  to  take  a  fresh  oath 

i  Ante,  p.  99. 
z  12  Stat.,  326. 
3  23  Stat.,  22. 


THE  DEPARTMENT  OF  STATE 

every  time  he  may  be  promoted  (or  reduced)  and 
receive  a  new  commission. 

The  Bureau  of  Appointments  not  only  has  charge 
of  appointments  to  office,  but  of  resignations,  dis- 
missals, and  suspensions,  and  records  the  dismissals 
and  suspensions.  It  was  an  irregular  custom  in  the 
earlier  days  of  the  government  for  an  officer  who 
resigned  to  return  the  commission  under  which  he 
served  to  the  appointing  power.  When  General 
Washington  resigned  as  Commander-in-Chief  of  the 
American  Army  in  1783  he  handed  his  commission  to 
the  President  of  Congress  and  it  is  now  a  part  of  the 
archives  of  the  Continental  Congress.  When  Robert 
Smith  resigned  as  Secretary  of  State  in  1811,  he 
handed  his  commission  to  President  Madison.  There 
are,  or  were,  a  number  of  resigned  commissions  among 
the  archives  of  the  Department.  In  1831,  when  John 
Branch  resigned  as  Secretary  of  the  Navy  under 
Andrew  Jackson,  he  sent  his  commission  to  the 
President,  who  returned  it,  saying:  "It  is  your  own 
private  property,  and  by  no  means  to  be  considered 
part  of  the  archives  of  the  government.  Accordingly 
I  return  it."  There  are  no  instances  in  recent  years 
of  the  surrender  of  the  commission.  If  a  resigning 
officer  should  send  the  document  to  the  President  or 
the  Department  it  would  be  the  duty  of  either  to  return 
it  to  him. 

Not  only  the  resignations  from  office,  but  the  appli- 
cations and  recommendations  for  office,  are  part  of 
the  archives  of  this  bureau.  These  papers  relate  to 
all  offices  which  are  or  were  under  the  jurisdiction  of 


APPOINTMENTS— THE  SEAL— COMMISSIONS  273 

the  Department,  and  are  addressed  to  either  the 
President  or  the  Secretary  of  State.  Some  Presidents 
have  filed  all  papers,  even  of  the  most  intimate  and 
confidential  character,  relating  to  appointments  with 
the  Department;  but  others  have  carried  many  such 
papers  away  as  their  personal  correspondence.  They 
form  an  interesting  index  to  the  attitude  of  public 
opinion  towards  executive  offices.  Applications  and 
recommendations  in  the  first  administration  fall  under 
five  heads.1 

First,  those  which  relate  exclusively  to  the  fitness  of 
the  applicant  for  the  duties  of  the  office,  this  group 
being  much  the  largest. 

Second,  those  in  which  the  performance  of  military 
service  constitutes  one  of  the  reasons  advanced  for 
asking  for  the  office. 

Third,  those  in  which  continuance  in  an  office  already 
existent  under  the  old  government  is  asked. 

Fourth,  those  in  which  the  necessitous  circumstances 
of  the  applicant  are  advanced  as  a  reason,  and 

Fifth,  those  in  which  the  political  opinions  of  the 
applicant  are  brought  forward  as  a  reason  for  his 
appointment. 

The  fifth  group  was  much  the  smallest  under  Wash- 
ington. It  was  still  insignificant  under  John  Adams; 
it  became  large  and  important  under  Thomas  Jeffer- 
son ;  it  sank  into  insignificance  under  James  Madison, 
James  Monroe,  and  John  Quincy  Adams,  and  loomed 

i  See  Calendar  of  Applications  and  Recommendations  for  Office 
During  the  Presidency  of  George  Washington  (Hunt),  Government 
Printing  Office,  1901. 


274  THE  DEPARTMENT  OF  STATE 

into  overweening  proportions  under  Andrew  Jackson. 
Thereafter  it  rose  and  fell,  being  always,  however, 
large,  until  in  the  past  thirteen  years  it  has  dwindled 
rapidly.  Its  size  is,  of  course,  affected  by  the  political 
character  of  the  Secretary  of  State  as  well  as  the 
President,  some  secretaries  having  been  more  active 
participants  in  dispensing  patronage  than  others. 

The  applications  under  General  Washington,  being 
wholly  of  historical  interest,  were,  in  1909,  deposited 
by  the  Department  in  the  Manuscripts  Division  of  the 
Library  of  Congress. 

It  was  a  custom  begun  by  General  Washington,  and 
generally  observed  thereafter  until  President  Cleve- 
land's second  term  in  1893,  to  answer  no  letters 
soliciting  or  recommending  to  office.1  Since  then  the 
correspondence  on  the  Department's  part  has  taken 
the  briefest  form,  being  no  more  than  a  line  of 
acknowledgment  of  the  receipt  of  the  papers. 

i  Works  of  John  Adams,  IX,  577;  Writings  of  Jefferson  (Ford),  IX, 
313. 


CHAPTER  XI 


THE  LAWS 


S 


ECTION  2  of  the  organic  act  of  the  Department 
provided  that  every  bill,  order,  resolution  or  vote 


of  both  houses  of  Congress  which  the  President 
approved,  or  which  he  suffered  to  become  effective 
without  his  approval,  should  be  sent  by  the  President 
to  the  Secretary  of  State;  that  every  such  document 
returned  by  him  to  Congress  with  his  disapproval  and 
then  passed  by  a  two-thirds  vote  should  be  sent  by  the 
Speaker  of  the  House  or  the  President  of  the  Senate, 
according  to  which  body  it  had  originated  in,  to  the 
Secretary  of  State ;  that  he  should  as  soon  as  possible 
cause  it  to  be  printed  in  at  least  three  newspapers; 
should  deliver  one  printed  copy  to  each  senator  and 
representative;  and  should  send  two  printed  copies 
duly  authenticated  to  the  governors  of  all  the  states. 
He  was  to  preserve  the  original  laws  carefully  and 
cause  them  to  be  recorded  in  books.1 

Thus  there  were  to  be:  (1)  the  original  laws; 
(2)  the  books  of  the  recorded  laws;  (3)  the  laws 
printed  in  the  newspapers;  (4)  the  printed  copies  sent 
to  the  senators  and  representatives;  and  (5)  the 
authenticated  copies  sent  to  the  governors. 

i  See  Monthly  Catalogue  issued  by  the  Superintendent  of  Documents, 
September,  1908,  Introduction. 


THE  DEPARTMENT  OF  STATE 


By  joint  resolution  of  June  14,  1790,  treaties  were 
ordered  to  be  published  in  the  same  manner  as  the 
laws.1 

The  recording  of  the  laws  was  neglected  by  the 
Department.  John  Quincy  Adams  writes  November 
9,1819: 

Looking  over  the  laws  of  the  United  States,  with  a  view 
to  the  regulations  in  them  concerning  weights  and  measures, 
I  observed  a  law  passed  15th  September,  1789,  requiring  that 
the  Secretary  of  State  should  have  all  the  laws  and  resolu- 
tions of  Congress  recorded  in  books  to  be  provided  for  the 
purpose.  No  such  record  has  been  kept  for  many  years.  I 
determined  that  this  part  of  my  duty  should  no  longer  be 
omitted,  and  gave  Mr.  Brent  some  directions  for  carrying  it 
into  effect.2 

By  Act  of  July  7, 1838,  the  requirement  of  recording 
the  laws  was  repealed.3  The  printing  of  the  laws  in 
newspapers  to  be  selected  by  the  Secretary  of  State 
gave  him  important  power  of  patronage,  and  the 
solicitations  for  the  printing  are  a  considerable  portion 
of  the  early  correspondence  of  the  Department.  Only 
journals  which  favored  the  administration  were 
selected  to  print  the  laws,  and  payment  for  the  print- 
ing was  a  substantial  remuneration  to  the  favored 
papers.  Under  the  Act  of  March  3,  1795,4  the  news- 
paper publication  was  abandoned;  but  it  was  revived 
by  Act  of  March  2,  1799,5  and  the  patronage  was 
extended  by  requiring  the  publication  in  at  least  one 

i  1  Stat.,  187. 

2  Memoirs,  IV,  435. 

3  5  Stat.,  302. 
*  1  Stat.,  443. 
s  1  Stat.,  724. 


TEE  LAWS  277 


newspaper  in  each  state;  but  if  this  should  prove  to 
be  insufficient,  it  might  be  made  in  three  newspapers 
in  a  state.  The  Acts  of  March  27,  1804,1  and  December 
23,  1817,2  made  provision  for  publication  by  news- 
papers in  the  territories.  The  Act  of  May  11,  1820,3 
continued  the  newspaper  publication,  but  provided 
that  a  treaty  should  be  published  in  one  newspaper 
"within  the  limits  of  the  State  or  Territory  to  which 
the  subject  matter  of  such  treaty  shall  belong." 
Evidently  this  was  meant  to  apply  especially  to  Indian 
treaties.  The  Act  of  July  23,  1866,4  appropriated 
$15,000  for  printing  the  laws  in  newspapers  in  the 
insurrectionary  states.  The  Act  of  June  20,  1874,5 
ordered  the  newspaper  publication  to  cease  after 
March  4,  1875. 

How  the  laws  were  printed  by  the  newspapers  is 
illustrated  by  the  following  letter.  It  is  in  printed 
form  except  for  the  signature,  date,  place,  address, 
and  postscript: 

Department  of  State, 

Washington,  December  1,  1817. 
Sir, 

You  are  hereby  appointed  one  of  the  Printers  for  publish- 
ing the  Laws  of  the  United  States,  which  may  be  enacted 
during  the  First  Session  of  the  Fifteenth  Congress,  in 
Pennsylvania,  at  Pittsburgh. 

A  copy  of  the  National  Intelligencer,  containing  acts  of 
that  session,  wall  be  regularly  forwarded  to  you,  and  you  will 

i  2  Stat.,  302. 

2  3  Stat.,  473. 

3  3  Stat.,  576. 

*  14  Stat.,  194. 
s  18  Stat.,  90. 


278  THE  DEPARTMENT  OF  STATE 

proceed  to  insert  them  in  your  newspaper,  as  they  reach  you, 
without  the  least  delay.  You  are  also  requested  to  forward 
a  copy  of  each  number  of  your  paper,  containing  the  acts  as 
from  time  to  time  published,  to  this  Department. 

When  the  publication  of  the  Laws  shall  have  been  com- 
pleted by  you,  your  account,  made  out  and  presented  at  the 
Department  of  State,  will  be  paid  to  you,  or  to  your  author- 
ized agent,  at  this  place,  at  the  rate  of  fifty  cents  for  each 
printed  octavo  page,  estimating  the  same  according  to  the 
Pica  page  of  the  old  edition  of  the  laws. 
I  am  sir, 

Respectfully, 

Your  obedient  servant, 

J.  Q.  Adams. 
Mr.  Charles  Shaler, 

Printer  of  the  Commonwealth. 

P.  S.  It  is  expected  that  you  will  insert  the  acts  on  the  first 
page  of  your  paper,  commencing  on  the  left  hand  column  of 
that  page,  and  by  no  means  are  you  to  divide  any  one  act, 
unless  its  great  length  should  fill  more  than  the  whole  four 
pages  of  your  newspaper.1 

The  printed  copies  of  the  laws  required  to  be  dis- 
tributed by  the  Secretary  of  State  were  what  are 
known  as  "the  slip  laws,"  being  a  separate  print  of 
each  law,  whether  long  or  short. 

Soon  after  Congress  met,  before  there  was  a  Depart- 
ment of  State,  on  June  5,  1789,2  a  joint  resolution 
provided  that  within  ten  days  after  the  passage  of  a 
law  twenty-two  printed  copies  should  be  lodged  with 
the  President,  two  copies  to  be  sent  by  him  to  each 
Governor  of  a  State.     The  slip  laws  are,  therefore, 

1  Dept.  of  State,  Miscl.  Letters. 

2  Annals  of  Cong.,  1st  Cong.,  420. 


TEE  LAWS  279 


the  earliest  continuous  form  of  publication  of  the  laws ; 
but  the  obligatory  distribution  was  discontinued  by 
Act  of  January  12,  1895.1  Since  then  they  have  been 
distributed  only  to  such  persons  as  apply  for  copies. 
When  a  certified  copy  of  an  act  is  required,  the  slip 
law  is  compared  with  the  original  act  and  certified  to 
under  the  seal  of  the  Department.  The  method  by 
which  the  slip  law  is  made  correct  in  the  first  place 
must  be  described. 

A  manuscript  law  is  received  at  the  Department, 
coming,  nearly  always,  directly  from  the  White  House, 
but  occasionally,  when  it  was  vetoed  and  passed  over 
the  President's  veto,  from  the  President  of  the  Senate 
or  the  Speaker  of  the  House.  It  is  registered  in  the 
Bureau  of  Rolls  and  Library  and  a  printed  copy  of  it, 
which  the  Department  has  already  received  before  it 
was  finally  approved,  is  then  compared  with  it,  and 
sent  as_  the  copy  to  the  Government  Printing  Office. 
The  proof  returned  is  that  of  the  slip  law.  It  is  com-  I) 
pared  with  the  original  law,  and  the  revised  proof  is 
again  read  with  the  original.  Should  any  errors  be 
detected  another  revised  proof  is  compared  with  the 
original.  The  comparing  with  the  original  continues 
until  the  proof  is  in  absolute  agreement  with  the 
original,  when  the  slip  law  is  finally  struck  off.  Of 
course,  no  liberties  can  be  taken  with  the  text  of  the 
law  itself.  If  an  error  was  made  in  it,  it  must  appear 
in  the  printed  law,  the  power  that  passed  the  law  being 
the  only  one  that  can  correct  it.  In  preparing  the  law 
for  printing  and  promulgation  the  system  followed 

i  28  Stat.,  609. 


280  TEE  DEPARTMENT  OF  STATE 

by  the  Department  is  so  painstaking  that  errors  are 
almost  unknown. 

The  form  in  which  a  law  which  has  been  approved 
is  printed  is  as  follows : 

[Public — No.  54.] 

AN  ACT  To  amend  section  forty-eight  hundred  and  twenty- 
nine   of   the   United   States   Revised   Statutes   concerning 
surgeons,  assistant  surgeons,  and  other  medical  officers  of 
the  National  Home  for  Disabled  Volunteer  Soldiers. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
section  forty-eight  hundred  and  twenty-nine  of  the  Revised 
Statutes  of  the  United  States  be  amended  by  the  addition  of 
the  following  words:     "Provided,  That  surgeons,  assistant 
surgeons,  and  other  medical  officers  of  the  National  Home 
for  Disabled  Volunteer  Soldiers,  and  the  several  Branches 
thereof,  may  be  appointed  from  others  than  those  who  have 
been  disabled  in  the  military  service  of  the  United  States. ' ' 
Approved,  February  9,  1897. 

A  law  which  has  become  effective  without  action  by 
the  President  is  printed  with  the  following  statement 
following  it : 

[Note  by  the  Department  of  State. — The  foregoing  act 
having  been  presented  to  the  President  of  the  United  States 
for  his  approval,  and  not  having  been  returned  by  him  to 
the  house  of  congress  in  which  it  originated  within  the  time 
prescribed  by  the  Constitution  of  the  United  States,  has 
become  a  law  without  his  approval.] 

When  a  bill  becomes  a  law  in  spite  of  the  President's 
veto  it  is  printed  with  the  action  of  Congress  following, 
thus : 


THE  LAWS  281 


In  the  House  of  Representatives, 

January  22,  1897. 

The  President  of  the  United  States  having  returned  to  the 
House  of  Representatives  in  which  it  originated  the  bill 
(H.  R.  9469)  "An  act  to  constitute  a  new  division  of  the 
eastern  judicial  district  of  Texas,  and  to  provide  for  the 
holding  of  terms  of  court  at  Beaumont,  Texas,  and  for  the 
appointment  of  a  clerk  for  said  court,"  with  his  objections 
thereto,  the  House  proceeded  in  pursuance  of  the  Constitution 
to  reconsider  the  same;  and 

Resolved,  That  the  said  bill  pass,  two-thirds  of  the  House 
of  Representatives  agreeing  to  pass  the  same. 

Attest:  A.  McDowell,  Clerk. 

In  the  Senate  of  the  United  States, 

February  8,  1897. 

The  Senate  having  proceeded,  in  pursuance  of  the  Consti- 
tution, to  reconsider  the  bill  entitled  "An  act  to  constitute 
a  new  division  of  the  eastern  judicial  district  of  Texas,  and 
to  provide  for  the  holding  of  terms  of  court  at  Beaumont, 
Texas,  and  for  the  appointment  of  a  clerk  for  said  court," 
returned  to  the  House  of  Representatives  by  the  President 
of  the  United  States,  with  his  objections,  and  sent  by  the 
House  of  Representatives  to  the  Senate,  with  the  message  of 
the  President  returning  the  bill : 

Resolved,  That  the  bill  do  pass,  two-thirds  of  the  Senate 
agreeing  to  pass  the  same. 

Attest :  Wm,  R.  Cox,  Secretary. 

Formerly  the  laws  wTere  engrossed  at  the  Capitol 
upon  large  sheets  of  parchment;  but  by  concurrent 
resolution  of  November  1,  1893,1  it  was  provided  that 
they  should  be  printed  upon  parchment.    A  subsequent 

i  28  Stat.,  Appendix,  5. 


282  THE  DEPARTMENT  OF  STATE 

concurrent  resolution,  February  12,  1895,1  permitted 
their  engrossment  by  pen,  if  necessary,  during  the  last 
six  days  of  a  session  of  Congress,  as  pressure  of  time 
might  make  it  then  impossible  to  have  a  law  printed 
soon  enough  for  approval  before  the  adjournment  of 
Congress.  Printing  was  substituted  for  engrossing 
because  it  was  believed  that  fewer  errors  would  occur, 
owing  to  the  continuous  practice  in  accuracy  of  expert 
printers  and  proofreaders,  and  because  when  printing 
the  law  a  second  copy  can  be  struck  off  and  sent  to  the 
Department  of  State.  Thus  as  soon  as  the  act  has 
been  signed  the  copy  for  the  printer  is  ready.  Before 
this  system  came  into  vogue  it  was  the  custom  for  the 
Department  to  use  for  the  printer's  copy  the  printed 
bill  upon  which  the  law  was  based;  but  often  there 
were  late  amendments  to  the  bill  and  laborious 
comparison  with  the  engrossed  law  caused  some  delay 
and  increased  the  chances  of  error. 

The  laws  having  been  printed,  the  originals  are 
bound  and  deposited  in  the  Department;  and  the 
plates  from  which  the  printing  was  done  are  sent  to 
the  Department  and  preserved.  Up  to  this  point  the 
duties  of  publishing  and  caring  for  the  laws  belong  to 
the  Bureau  of  Rolls  and  Library. 

The  law,  having  been  printed,  passes  to  the  law 
clerk,  who  prepares  it  for  publication  in  the  pamphlet 
editions  of  the  laws  which  are  issued  soon  after  the 
close  of  each  session  of  Congress,  and  which,  brought 
together  at  the  close  of  the  Congress,  become  the 
volumes  of  Statutes  at  Large.     Up  to  1903  the  law 

i  28  Stat.,  Appendix,  18. 


TEE  LAWS  283 


clerk  was  known  as  the  editor  of  the  laws.  The 
position  was  not,  however,  recognized  by  law,  but 
created  by  the  Department  itself  and  the  editor  com- 
pensated at  a  rate  of  $3,000  out  of  the  general  appro- 
priation for  editing,  printing  and  distributing  the 
laws,  made  in  1874,  after  the  contract  with  Little, 
Brown  &  Company  terminated.  The  first  editor,  it  is 
believed,  was  Robert  C.  Schenck.  He  received  no 
regular  commission  and  had  a  desk  in  the  library,  but 
no  regular  office.  In  1893,  under  Secretary  Gresham, 
the  editor  was  given  an  office  of  his  own.  By  the  Act 
of  March  3,  1906,  the  office  of  law  clerk  with  a  salary 
of  $2,50.0  per  annum  was  provided  for. 

The  Department's  publication  of  collected  laws 
dates  back  to  the  Act  of  March  3,  1795,  which  directed 
the  Secretary  of  State 

after  the  next  session  of  Congress  [to]  cause  to  be  collated 
and  printed  at  the  public  expense,  a  complete  edition  of  the 
laws  of  the  United  States,  comprising  the  Constitution  of  the 
United  States,  the  public  acts  in  force,  and  the  treaties, 
together  with  an  index  of  the  same. 

Four  thousand  five  hundred  copies  were  to  be  divided 
among  the  several  states  and  the  territory  northwest 
of  the  Ohio,  through  the  Governors,  according  to  the 
rule  of  apportioning  representatives  in  Congress,  and 
five  hundred  copies  were  reserved  for  the  future  dis- 
position of  Congress.  Acts  passed  at  each  succeeding 
Congress  should  be  printed  and  distributed  in  the  same 
way.  From  this  act  came  the  volumes  of  "Laws  of 
U.  States,"  printed  by  Richard  Folwell,  33  Carter's 
Alley,  Philadelphia. 


284  THE  DEPARTMENT  OF  STATE 

The  Act  of  March  3,  1797,1  made  distribution  of  the 
five  hundred  reserved  copies  of  the  laws.  Two  sets 
were  to  go  to  George  Washington,  one  for  his  official 
use,  the  other  to  be  his  personal  property,  a  set  was 
to  go  to  the  Vice-President  and  to  each  senator  and 
representative;  six  sets  to  the  Secretary  of  the 
Senate ;  twelve  to  the  Clerk  of  the  House ;  one  for  each 
of  the  judges  of  the  Federal  Supreme  and  District 
Courts  and  the  marshals  and  attorneys,  and  sets  for 
cabinet  officers  and  a  few  other  federal  officers  and 
the  State  executives. 

The  Act  of  March  27,  1S04,2  required  the  Secretary 
of  State  to  procure  four  hundred  sets  of  the  laws; 
one  hundred  to  be  distributed  and  three  hundred  to 
be  reserved  for  future  disposal ;  but  the  Act  of  January 
2,  1805,3  transferred  the  reserve  purchase  to  the 
Library  of  Congress.  When  the  government  moved 
from  Philadelphia  to  Washington  the  official  edition 
of  the  laws  was  printed  by  Samuel  Harrison  Smith; 
then  by  William  Duane;  then  (Vol.  7)  by  Duane  & 
Son;  then  (Vols.  8  to  12)  by  Roger  C.  Weightman. 

By  Act  of  April  18, 1814,4  the  government  subscribed 
for  one  thousand  sets  of  a  new  edition  to  be  edited  and 
compiled  upon  a  plan  presented  by  the  Secretary  of 
State  and  Attorney-General,  the  editor  to  be  selected 
by  the  Secretary  of  State.  Under  date  of  June  10, 
1814,  Richard  Rush,  the  Attorney-General,  sent  James 
Monroe,   the    Secretary   of   State,   the   plan   for   the 

i  1  Stat.,  519. 

2  2  Stat.,  302. 

3  2  Stat.,  308. 
*  3  Stat.,  129. 


THE  LAWS  285 


publication,  in  which  Monroe  concurred.  It  provided 
for  the  printing  of  all  laws,  whether  in  force  or  not, 
treaties  and  conventions  with  foreign  powers  and 
Indians,  for  the  comparing  of  all  before  printing  with 
the  originals;  that  all  important  acts  of  the  Conti- 
nental Congress  be  included;  for  notes  and  an  index. 
John  B.  Colvin  was  appointed  editor,  and  an  official 
edition  of  the  laws  in  five  volumes,  published  by 
Bioren,  Duane  and  Weightman,  appeared  in  1815.  It 
was  authoritative;  but  the  editor  in  printing  the 
Constitution  of  the  United  States  included  as  an 
accepted  amendment  the  thirteenth,  which  was  then 
pending  and  actually  was  not  ratified.  This  edition 
was  continued,  volumes  being  added  to  it  up  to  1845. 
Volume  6,  also  edited  by  Colvin,  was  published  by 
Davis  and  Force,  Washington,  1822;  Volume  7  was 
published  by  "W.  A.  Davis,  1827,  with  an  index  made 
by  Samuel  Burch;  Volume  8,  by  W.  A.  Davis,  1835; 
Volume  9,  issued  in  1839,  does  not  bear  the  publisher's 
name ;  Volume  10  was  printed  by  J.  and  Gr.  S.  Gideon, 
1845.  This  edition  did  not  interfere  with  the  pam- 
phlet edition  of  the  laws  issued  by  the  Secretary  of 
State  at  the  close  of  each  session  of  Congress,  which 
was  initiated  by  the  Secretary  of  State  without 
especial  authority  of  law,  and  ordered  to  be  stopped 
by  Act  of  August  26,  1842.  It  was  revived  by  Act  of 
June  25,  1864,  and  it  has  continued  ever  since.  Con- 
currently with  the  official  publications  of  the  laws  have 
been  certain  private  publications  having  a  semi-official 
status. 


286  TTIE  DEPARTMENT  OF  STATE 


By  Act  of  February  18, 1791,1  a  joint  resolution  gave 
permission  to  Andrew  Brown  or  any  other  printer 
under  direction  of  the  Secretary  of  State  to  print  the 
laws,  resolutions,  and  treaties  of  the  United  States. 

The  Act  of  March  3,  1823,  ordered  the  Secretary  of 
State  to  subscribe  for  550  copies  of  the  sixth  volume 
of  the  laws  published  by  Davis  and  Force  of  Wash- 
ington and  distribute  them  among  the  several  branches 
of  the  Federal  Government  and  to  the  states.2 

The  Act  of  February  24,  1829,3  directed  the  Secre- 
tary of  State  to  purchase  and  distribute  five  hundred 
copies  of  the  Digest  of  the  Laws  of  the  United  States, 
compiled  by  Thomas  F.  Gordon,  at  six  dollars  per 
copy.  These  and  other  private  publications  were  in 
a  measure  under  the  sanction  of  the  Secretary  of 
State,  as  none  of  them  could  survive  without  his 
patronage. 

The  Act  of  March  3,  1845,4  recognized  as  authority 
the  edition  of  the  laws  printed  by  Little  &  Brown  of 
Boston,  and  discontinued  the  Department  publication; 
but  by  Act  of  June  25,  1864,  payment  to  Little  & 
Brown  was  stopped.  A  resolution  of  March  31,  1866, 
renewed  the  contract  and  provided  that  the  price  for 
each  volume  should  not  be  more  than  five  per  cent 
above  cost  price.  With  the  inauguration  of  the  Little 
&  Brown  edition  in  1845  began  the  series  of  Statutes 
at  Large,  the  Department  of  State  when  it  took  over 

i  1  Stat.,  224. 

2  3  Stat.,  786. 

3  4  Stat.,  334. 
*  5  Stat.,  527. 


THE  LAWS  287 


the  publication  in  1874  making  its  volumes  a  contin- 
uation of  the  Little  &  Brown  edition. 

The  Act  of  June  20,  1874,1  discontinued  the  contract 
with  Little  &  Brown  and  ordered  the  Secretary  of 
State  to  publish  the  laws  at  the  close  of  each  Congress, 
having  previously  published  them  in  pamphlet  form 
at  the  close  of  each  session.  The  pamphlet  was  to  be 
distributed : 

To  the  President  and  Vice  President  of  the  United  States, 
two  copies  each;  to  each  Senator,  Representative,  and  Dele- 
gate in  Congress,  one  copy;  to  the  librarian  of  the  Senate, 
for  the  use  of  Senators,  one  hundred  and  twenty-six  copies; 
to  the  librarian  of  the  House,  two  hundred  and  fifty  copies, 
for  the  use  of  the  Representatives  and  Delegates;  to  the 
Library  of  Congress,  fourteen  copies;  to  the  Department  of 
State,  including  those  for  the  use  of  legations  and  consulates, 
six  hundred  copies ;  to  the  Treasury  Department,  two  hundred 
copies;  to  the  War  Department,  including  those  for  the  use 
of  officers  of  the  Army,  two  hundred  copies;  to  the  Navy 
Department,  including  those  for  the  use  of  officers  of  the 
Navy,  one  hundred  copies ;  to  the  Department  of  the  Interior, 
including  those  for  the  use  of  the  surveyors-general  and 
registers  and  receivers  of  public  land  offices,  two  hundred 
and  fifty  copies;  to  the  Post  Office  Department,  fifty  copies; 
to  the  Department  of  Justice,  including  those  for  the  use  of 
the  Chief  Justice  and  associate  justices,  the  judges  and  the 
officers  of  the  United  States  and  territorial  courts,  four 
hundred  and  twenty-five  copies ;  to  the  Department  of 
Agriculture,  ten  copies;  to  the  Smithsonian  Institution,  five 
copies;  to  the  Government  Printing  Office,  two  copies;  to 
the  governors  and  secretaries  of  Territories,  one  copy  each; 
to  be  retained  in  the  custody  of  the  Secretary  of  State,  one 
thousand  copies ;  and  ten  thousand  copies  shall  be  distributed 

1 18  Stat.,  113. 


288  THE  DEPARTMENT  OF  STATE 

to  the  States  and  Territories  in  proportion  to  the  number  of 
Senators,  Representatives,  and  Delegates  in  Congress  to  which 
they  are  at  the  time  entitled. 

The  bound  volumes  were  to  be  distributed,  under 
section  7  of  the  act,  as  follows : 

That  after  the  close  of  each  Congress  the  Secretary  of  State 
shall  have  edited,  printed  and  bound  a  sufficient  number  of 
the  volumes  containing  the  Statutes  at  Large  enacted  by  that 
Congress  to  enable  him  to  distribute  copies,  or  as  many 
thereof  as  may  be  needed,  as  follows :  To  the  President  of 
the  United  States,  four  copies,  one  of  which  shall  be  for  the 
library  of  the  Executive  Mansion,  and  one  copy  shall  be  for 
the  use  of  the  Commissioner  of  Public  Buildings ;  to  the  Vice 
President  of  the  United  States,  one  copy;  to  each  Senator, 
Representative,  and  Delegate  in  Congress,  one  copy;  to  the 
library  of  the  Senate,  for  the  use  of  Senators,  one  hundred 
and  fourteen  copies;  to  the  librarian  of  the  House,  for  the 
use  of  Representatives  and  Delegates,  four  hundred  and  ten 
copies ;  to  the  Library  of  Congress,  fourteen  copies,  including 
four  copies  for  the  law  library;  to  the  Department  of  State, 
including  those  for  the  use  of  legations  and  consulates,  three 
hundred  and  eighty  copies ;  to  the  Treasury  Department, 
including  those  for  the  use  of  officers  of  customs,  two  hundred 
and  sixty  copies;  to  the  War  Department,  including  a  copy 
for  the  Military  Academy  at  West  Point,  fifty  copies ;  to  the 
Navy  Department,  including  a  copy  for  the  library  at  the 
Naval  Academy  at  Annapolis,  a  copy  for  the  library  at  each 
navy-yard  in  the  United  States,  a  copy  for  the  library  at  the 
Brooklyn  Naval  Lyceum,  and  a  copy  for  the  library  of  the 
Naval  Institute  at  Charlestown,  Massachusetts,  sixty-five 
copies ;  to  the  Department  of  the  Interior,  including  those  for 
the  use  of  the  surveyors-general  and  registers  and  receivers 
of  public  land-offices,  two-hundred  and  fifty  copies;  to  the 
Post  Office  Department,  fifty  copies;  to  the  Department  of 
Justice,  including  those  for  the  use  of  the  chief  and  associate 


TEE  LAWS  289 


justices,  the  judges  and  the  officers  of  the  United  States  and 
territorial  courts,  four  hundred  and  twenty-five  copies ;  to 
the  Department  of  Agriculture,  five  copies;  to  the  Smith- 
sonian Institution,  two  copies;  to  the  Government  Printing 
Office,  one  copy;  and  the  Secretary  of  State  shall  supply 
deficiencies  and  offices  newly  created. 

Also,  the  Department  was  ordered  to  sell  the 
Revised  Statutes  and  the  laws  of  each  session  "at  the 
cost  of  the  paper,  press  work,  and  binding,  wdth  ten 
per  cent  thereof  added  thereto  to  any  person  applying 
for  the  same,"  the  proceeds  to  be  paid  into  the 
Treasury. 

The  Act  of  1874  provided  for  the  preparation  of 
volumes  of  the  Revised  Statutes  under  the  supervision 
of  the  Secretary  of  State.  Efforts  to  secure  a  revision 
had  been  made  from  time  to  time,  but  took  no  definite 
shape  until  under  the  Act  of  June  27,  1866,1  a  commis- 
sion was  appointed  to  make  the  revision,  the  chairman 
being  Caleb  Cushing.  The  work  was  abandoned, 
however,  when  he  resigned  and  went  on  a  diplomatic 
mission,  no  one  being  appointed  in  his  place.  In  1870, 
Act  of  May  4,2  a  second  commission  was  provided  for 
which  produced  the  body  of  laws  which  was  accepted 
and  made  effective  by  Congress  on  June  22,  1874,  and 
published  in  1875.  Section  2  of  the  Act  of  June  20, 
1874,  required: 

That  the  Secretary  of  State  is  hereby  charged  with  the 
duty  of  causing  to  be  prepared  for  printing,  publication,  and 
distribution,  the  Revised  Statutes  of  the  United  States 
enacted  at  this  present  session  of  Congress;  ....  and  when 

i  14  Stat.,  74. 
2  16  Stat.,  96. 


290  THE  DEPARTMENT  OF  STATE 

the  same  shall  be  completed,  the  said  Secretary  shall  duly 
certify  the  same  under  the  seal  of  the  United  States,  and 
when  printed  and  promulgated  as  hereinafter  provided,  the 
printed  volumes  shall  be  legal  evidence  of  the  laws  and 
treaties  therein  contained,  in  all  the  courts  of  the  United 
States,  and  of  the  several  States  and  Territories. 

But  the  Act  of  December  28,  1874,  providing  for  the 
authentication  of  the  Revised  Statutes,  required  that 
the  certificate  be  "under  the  seal  of  the  Department 
of  State."  Accordingly,  the  certificate  which  was 
signed  by  Hamilton  Fish,  dated  February  22,  1875, 
which  preceded  the  first  edition  of  the  Revised 
Statutes,  was  under  the  seal  of  the  Department.  It 
cited  the  law  and  said : 

Now,  therefore,  I,  Hamilton  Fish,  Secretary  of  State,  do 
hereby  certify  that  the  following  are  the  "Revised  Statutes 
of  the  United  States"  as  enacted  by  Congress  on  the  22d 
day  of  June,  1874,  prepared,  printed,  and  published  accord- 
ing to  the  provisions  of  the  first  mentioned  act  of  June  20, 
1874. 

Under  the  provisions  of  the  Act  of  March  2,  1877, 
George  S.  Boutwell  was  selected  to  prepare  a  second 
edition  of  the  revision,  and  it  was  published  in  1878. 
The  Secretary  of  State  was  required  by  the  law  to 
examine  and  approve  the  edition,  and  the  volume  was 
prefaced  by  a  certificate  from  him  under  the  seal  of 
his  Department  that  lie  had  examined  and  compared 
the  new  edition. 

Supplements  have  been  issued  in  1881,  1891,  1892, 
1893,  1895,  1896,  1897,  1899,  1901.  The  supplement 
of  1901  completed  Volume  2  of  the  bound  volume. 


THE  LAWS  291 


To  recapitulate,  there  are  now,  under  the  juris- 
diction of  the  Secretary  of  State: 

1.  The  original  parchment  laws  of  the  United 
States,  commonly  known  as  the  manuscript  laws, 
formerly  engrossed,  but  now  printed. 

2.  The  slip  laws  printed  directly  from  the  parch- 
ment laws. 

3.  The  pamphlet  laws  issued  at  the  close  of  each 
session  of  Congress,  based  upon  the  slip  laws,  but 
compared  again  with  the  manuscript  laws. 

4.  The  volumes  of  Statutes  at  Large  printed  at  the 
close  of  each  Congress  based  upon  the  pamphlet  laws. 

5.  The  Revised  Statutes  with  supplements,  com- 
piled from  the  Statutes  at  Large. 

We  have  seen  that  when  an  act  is  passed  over  the 
President's  veto,  it  is  sent  to  the  Secretary  of  State 
by  the  Speaker  of  the  House  or  the  President  of  the 
Senate.  If  his  veto  prevails  the  bill  remains  in  the 
archives  of  Congress. 

If  a  bill  becomes  law  by  the  President's  permission, 
but  without  his  approval,  that  is  to  say,  simply  by  his 
failure  to  sign  it  or  return  it  to  Congress  with  his  veto 
within  ten  days  after  it  has  passed  Congress,  it  is  sent 
from  the  President's  office,  where  it  has  been  held  for 
the  ten  days,  to  the  Department  of  State,  with  a  state- 
ment from  one  of  the  President's  secretaries  of  the 
circumstances  under  which  it  has  become  a  law.  If  a 
bill  passes  Congress  within  ten  days  of  adjournment 
it  can  not  become  a  law  without  the  President's  signa- 
ture. He  has  greater  power  over  such  a  bill  than  he 
has  over  other  bills,  for  if  he  disapproves  of  it  he  may 


292  THE  DEPARTMENT  OF  STATE 

kill  it  by  inaction  and  Congress  is  powerless  to  prevent 
his  doing  so.  A  number  of  bills  have  been  thus  ren- 
dered ineffective.  The  process  is  known  asa"  pocket 
veto,"  and  what  are  called  the  ''pocketed  laws"  are 
sent  to  the  Department  of  State  from  the  "White  House, 
becoming  a  part  of  the  Department  archives  in  the 
Bureau  of  Rolls  and  Library. 

Included  in  the  publications  of  the  laws  are  the 
proclamations  of  the  President  and  treaties  with 
foreign  powers,  the  originals  of  both  being  prepared 
in  the  Department  of  State  and  only  leaving  it  to  go 
to  the  White  House  to  be  signed.  As  a  matter  of  fact, 
a  treaty  is  proclaimed  by  the  President  before  it 
becomes  effective.  The  ordinary  proclamation  is, 
however,  printed  on  a  foolscap  sheet.  The  same  care 
is  exercised  to  ensure  the  correctness  of  the  print  as 
is  used  in  printing  a  law.  The  proclamations  are  not 
included  in  the  publications  of  the  pamphlet  laws,  but 
are  embodied  in  the  publications  of  Statutes  at  Large. 
So  are  the  treaties ;  and  they  are  first  printed  by  the 
Department  in  the  same  form  as  the  slip  laws.  All 
treaties,  except  some  postal  conventions,  are  nego- 
tiated by  the  Secretary  of  State,  and  the  originals  of 
all  treaties  become  a  part  of  the  Department's 
archives.  Executive  orders  are  prepared  for  the 
President's  signature  in  the  Department  which  has 
jurisdiction  over  the  subject  to  which  they  relate;  but 
they  are  printed  by  the  Department  of  State  in  the 
same  form  as  proclamations,  and  the  originals  become 
a  part  of  its  records.     They  are  not  printed  in  the 


THE  LAWS  293 


volumes  of  laws,  although  in  some  cases  they  have  the 
force  of  law. 

Until  1898  the  printed  editions  of  the  laws  passed 
into  the  immediate  custody  of  the  Bureau  of  Accounts, 
in  the  Department,  being  distributed  according  to  the 
act  of  Congress,  and  sold  subject  to  the  provisions  of 
the  following  circular,  the  moneys  received  being 
deposited  in  the  Treasury  Department  and  credited 
to  the  fund  " Miscellaneous  Accounts": 

Department  of  State. 

The  following  are  the  prices  at  which  the  Laws  of  the 
United  States  are  sold  at  this  Department,  no  provision 
having  been  made  by  Congress  for  their  free  distribution : 

Revised  Statutes  (Edition  of  1878),  bound        .          .  $2.90 
Revised   Statutes  relating   to   District   of   Columbia, 

Post  Roads,  and  Public  Treaties,  bound       .          .  3 .  58 
Supplement    to    the    Revised    Statutes    (Edition    of 

1891),  bound 2.00 

(Abridgment  of  Vols.  18,  19,  20,  21,  22,  23,  24, 

25,  and  26,  Statutes  at  Large.) 

Laws  of  first  session,  43d  Cong.,  1873- '74,  pamphlet  .  1.05 

Laws  of  second  session,  43d  Cong.,  1874-75,  pamphlet  65 

Statutes  at  Large,  Vol.  18,  43d  Cong.,  1873-75,  bound  2.99 

Laws  of  first  session,  44th  Cong.,  1875-76,  pamphlet  .  65 

Laws  of  second  session,  44th  Cong.,  1876-  77,  pamphlet  48 

Statutes  at  Large,  Vol.  19,  44th  Cong.,  1875-  77,  bound  2 .  40 

Laws  of  first  session,  45th  Cong.,  1877,  pamphlet         .  12 

Laws  of  second  session,  45th  Cong.,  1877-78,  pamphlet  50 

Laws  of  third  session,  45th  Cong.,  1878-79,  pamphlet  55 

Statutes  at  Large,  Vol.  20,  45th  Cong.,  1877-  79,  bound  2 .  28 

Laws  of  first  session,  46th  Cong.,  1879,  pamphlet         .  14 

Laws  of  second  session,  46th  Cong.,  1879-  '80,  pamphlet  60 


294  THE  DEPARTMENT  OF  STATE 

Laws  of  third  session,  46th  Cong.,  1880- '81,  pamphlet  46 

Statutes  at  Large,  Vol.  21,  46th  Cong.,  1879-  '81,  bound  2 .  50 

Laws  of  first  session,  47th  Cong.,  1881- '82,  pamphlet  .  72 

1  jaws  of  second  session,  47th  Cong.,  1882- '83,  pamphlet  55 

Statutes  at  Large,  Vol.  22,  47th  Cong.,  1881-  '83,  bound  2 .  30 

Laws  of  first  session,  48th  Cong.,  1883- '84,  pamphlet  .  65 

Laws  of  second  session,  48th  Cong.,  1884- '85,  pamphlet  50 

Statutes  at  Large,  Vol.  23,  48th  Cong.,  1883-  '85,  bound  2 .  10 

Laws  of  first  session,  49th  Cong.,  1885- '86,  pamphlet  75 

Laws  of  second  session,  49th  Cong.,  1886-  '87,  pamphlet  50 

Statutes  at  Large,  Vol.  24,  49th  Cong.,  1885-  '87,  bound  2 .  20 

Laws  of  first  session,  50th  Cong.,  1887-  '88,  pamphlet  .  1 .  00 

Laws  of  second  session,  50th  Cong.,  1888- '89,  pamphlet  55 

Statutes  at  Large,  Vol.  25,  50th  Cong.,  1887-  '89,  bound  2 .  45 

Laws  of  first  session,  51st  Cong.,  1889- '90,  pamphlet  .  1.05 

Laws  of  second  session,  51st  Cong.,  1890-  '91,  pamphlet  70 

Statutes  at  Large,  Vol.  26,  51st  Cong.,  1889-  '91,  bound  2 .  60 

Laws  of  first  session,  52d  Cong.,  1891- '92,  pamphlet      .  70 

The  Revised  Statutes  (Edition  1878)  embraces  the  laws 
of  a  general  and  permanent  nature  in  force  December  1,  1873, 
and  the  specific  amendments  thereof  made  during  the  43d 
and  44th  Congresses.  The  Supplement  to  the  Revised 
Statutes  is  an  abridgment  of  Vols.  18,  19,  20,  21,  22,  23,  24, 
25,  and  26  of  the  Statutes  at  Large,  comprising  all  the  laws 
of  a  general  and  permanent  nature  passed  during  the  43d, 
44th,  45th,  46th,  47th,  48th,  49th,  50th,  and  51st  Congresses. 

Payment  is  required  to  be  made  in  cash,  postal  notes,  or  by 
bank  drafts  on  banks  in  New  York  city  or  Washington,  D.  C, 
payable  to  the  order  of  the  "Disbursing  Clerk,  Department 
of  State."  Individual  checks  on  banks  located  outside  of 
New  York  or  Washington  can  not  be  accepted. 

The  books  will  be  sent  by  mail,  postage  free. 


Disbursing  Clerk. 


THE  LAWS  295 


The  Act  of  March  15,  1898,1  took  this  duty  away 
from  the  Department  and  the  laws  are  now  sold  by 
the  Superintendent  of  Documents. 

Probably  the  most  important  law  in  the  Depart- 
ment's custody  is  the  Declaration  of  Independence, 
and  this  document  has  had  a  peculiar  form  of 
publication  which  may  be  appropriately  described 
here. 

On  January  2,  1824,  a  letter  from  the  Secretary  of 
State,  John  Quincy  Adams,  was  read  in  the  House  of 
Representatives  stating  that  a  copperplate  facsimile 
had  been  made  of  the  Declaration  of  Independence  and 
two  hundred  copies  struck  off,  which  it  remained  for 
Congress  to  dispose  of.2  A  joint  resolution  was  passed 
May  26,  directing  that  two  copies  be  sent  to  each  of 
the  surviving  signers  of  the  document;  two  copies  to 
the  President ;  two  to  the  late  President,  Mr.  Madison ; 
two  to  the  Marquis  de  Lafayette ;  twenty  copies  to  the 
two  houses  of  Congress ;  twelve  to  the  different  depart- 
ments; two  for  the  President's  house;  two  for  the 
Supreme  Court  room;  one  for  each  of  the  Governors 
of  the  states ;  one  for  each  branch  of  the  legislatures 
of  the  states;  one  for  each  Governor  of  a  territory; 
one  for  the  legislative  council  of  each  territory  and 
the  remainder  to  be  distributed  to  such  colleges  and 
universities  as  the  Secretary  of  State  might  select. 
The  President  was  requested  to  cause  the  distribution 
to  be  made  agreeably  to  this  plan.3 

The  surviving  signers  were  John  Adams,  Thomas 

i  30  Stat.,  316. 

2  Annals  of  Congress,  18  Cong.,  1st  Session,  I,  915. 

s  4  Stat.,  78. 


296  THE  DEPARTMENT  OF  STATE 

Jefferson,  and  Charles  Carroll  of  Carrollton,  and  to 
each  was  sent  a  letter  identical  with  the  following, 
mutatis  mutandis: 

Department  of  State 

Washington  24  June  1824. 
To  John  Adams, 

Quincy,  Massachusetts. 
Sir 

In  pursuance  of  a  joint  Resolution  of  the  two  Houses  of 
Congress,  a  Copy  of  which  is  hereto  annexed,  and  by  direction 
of  the  President  of  the  United  States,  I  have  the  honour  of 
transmitting  to  you,  two  facsimile  copies  of  the  original 
Declaration  of  Independence  engrossed  on  parchment,  con- 
formably to  a  secret  Resolution  of  Congress  of  the  19th  July 
1776,  to  be  signed  by  every  Member  of  Congress,  and  accord- 
ingly signed  on  the  second  day  of  August  of  the  same  year. 

Of  this  Document,  unparalleled  in  the  Annals  of  Mankind, 
the  original  deposited  in  this  Department  exhibits  your  name 
as  one  of  the  subscribers.  The  Rolls  herewith  transmitted 
are  copies  as  exact  as  the  art  of  engraving  can  present,  of 
the  Instrument  itself,  as  well  as  of  the  signatures  to  it. 
While  performing  the  duty  thus  assigned  to  me,  permit  me 
to  felicitate  you  and  the  Country,  which  is  reaping  the  reward 
of  your  labours,  as  well  that  your  hand  was  affixed  to  this 
record  of  glory,  as  that  after  the  lapse  of  near  half  a  century, 
you  survive  to  receive  this  tribute  of  reverence  and  gratitude, 
from  your  children,  the  present  fathers  of  the  land. 

With  every  sentiment  of  veneration,  I  have  the  honour  of 
subscribing  myself  your  fellow  Citizen. 

(Signed)     John  Quincy  Adams.1 

The  engraver  of  this,  the  only  facsimile  of  the 
Declaration  that  has  ever  been  made,  was  William  J. 
Stone  of  Washington.     It  is  supposed  that  in  making 

i  Dept.  of  State  MSS.,  Miscl.  Letters. 


THE  LAWS  297 


it  directly  from  the  document  itself  he  took  off  some 
of  the  surface  ink,  thereby  lessening  its  permanence. 
At  any  rate,  it  began  to  deteriorate  about  thirty-five 
years  ago  and  thereafter  faded  rapidly.  This  fact  is 
not,  however,  due  only  to  the  method  by  which  the 
facsimile  was  taken,  but  to  its  exposure  on  exhibition 
to  strong  light  for  one  hundred  and  seven  years.  It 
was  first  in  the  Department's  office,  but  from  1841  to 
1877  was  in  the  Patent  Office,  being  permitted  to 
remain  on  exhibition  there  even  after  the  Patent  Office 
ceased  to  be  a  part  of  the  Department  of  State,  because 
the  building  occupied  by  the  Patent  Office  was  believed 
to  be  fireproof  and  the  Department  was  not  yet  estab- 
lished in  good  quarters.  For  the  Centennial  Exhibi- 
tion of  1876  the  document  was  permitted  to  be  taken 
to  Philadelphia  and  was  read  at  the  opening  exercises. 
It  is  presumed  that  authority  for  the  removal  was 
based  upon  section  5  of  the  Act  of  March  5,  1875, 
relative  to  the  exhibition: 

And  authority  is  hereby  given  to  the  heads  of  the  several 
Executive  Departments  to  display  at  the  International 
Exhibition  of  Eighteen  hundred  and  seventy-six,  under  such 
conditions  as  they  may  prescribe  ....  all  such  articles  in 
store  or  under  the  control  of  said  Departments  as  may  be 
necessary  or  desirable  to  render  such  collection  complete  and 
exhaustive.1 

Deterioration  in  the   document  had   already  been 
noticed,  for  on  August  3,  1876,  a  joint  resolution  of 
Congress  was  passed  providing  that 
a  commission,  consisting  of  the   Secretary  of  the   Interior, 

i  8  Stat.,  400. 


298  THE  DEPARTMENT  OF  STATE 

the  Secretary  of  the  Smithsonian  Institution  and  the  Libra- 
rian of  Congress,  be  empowered  to  have  resort  to  such  means 
as  will  most  effectually  restore  the  writing  of  the  original 
manuscript  of  the  Declaration  of  Independence,  with  the 
signatures  appended  thereto,  now  in  the  United  States  Patent 
Office;  and  that  the  expense  attending  the  same  be  defrayed 
out  of  the  contingent  fund  of  the  Interior  Department. 

This  resolution  was  allowed  to  go  unnoticed  until 
May  30,  1880,  when  the  Secretary  of  the  Interior,  Carl 
Sclmrz,  called  the  commission  together: 

May  3rd  80. 
A.  E.  Spofford,  Esq., 

Librarian  of  Congress. 
Sir: 

By  a  Joint  Resolution  of  Congress,  approved  August  3, 
1876,  the  Secretary  of  the  Interior,  the  Secretary  of  the 
Smithsonian  Institution  and  the  Librarian  of  Congress,  were 
constituted  a  Commission,  empowered  to  take  measures  to 
restore  the  writing  of  the  Declaration  of  Independence  and 
the  signatures  appended  thereto.  If  it  should  suit  your 
convenience,  I  will  be  pleased  to  see  you  at  the  Department 
of  the  Interior,  on  Wednesday,  the  5th  instant,  at  3  o'clock, 
P.  M.,  to  consult  on  the  subject  of  said  resolution. 

An  invitation  has  been  extended  to  the  Secretary  of  the 
Smithsonian  Institution,  to  be  present  at  the  time  stated. 

Very  respectfully, 
C.  Schurz, 

Secretary.1 

The  commission  requested  the  president  of  the 
National  Academy  of  Science  to  appoint  a  committee 
of  experts  to  examine  into  the  question  of  a  restoration 
of  the  document. 

i  Archives  of  the  Secretary 's  Office,  Department  of  the  Interior. 


THE  LAWS  299 


May  6th  80. 
Prof.  William  B.  Rogers, 

President  of  the  National  Academy  of  Science,  Boston,  Mass. 
Sir: 

By  joint  resolution  of  Congress,  approved  August  3,  1876, 
the  Secretary  of  the  Interior,  the  Secretary  of  the  Smith- 
sonian Institution  and  the  Librarian  of  Congress,  were  con- 
stituted a  commission  empowered  to  take  measures  to  restore 
the  writing  of  the  Declaration  of  Independence  and  the 
signatures  appended  thereto.  In  compliance  with  the 
direction  of  the  Commission  I  have  the  honor  to  submit  for 
your  consideration  the  following  resolution  passed  at  a  meet- 
ing held  at  the  Department  of  the  Interior  on  the  5th  instant. 

"That  the  Secretary  of  the  Interior,  Chairman  of  the 
Commission,  present  the  question  of  restoration  of  the  faded 
writing  of  the  original  manuscript  of  the  Declaration  of 
Independence,  to  the  President  of  the  National  Academy  of 
Sciences,  Professor  William  B.  Rogers,  of  Boston,  with  the 
request  to  appoint  a  committee  of  experts,  from  the  members 
of  the  Academy,  to  take  the  subject  into  consideration,  and 
to  report  whether  such  restoration  be  expedient  or  practi- 
cable,   and    if    so    in    what    way    the    object    can    best    be 

accomplished. ' ' 

C.   Schurz, 

Secretary  of  the  Interior  and 

Chairman  of  the  Commission. 

Professor  Rogers  appointed  a  committee  which 
reported  January  7,  1881. 

Report  of  the  Committee  of  the  National  Academy  of 
Sciences  on  the  restoration  of  the  manuscript  of  the 
Declaration  of  Independence: 

Prof.  Wm.  B.  Rogers,  President  of  the  National  Academy 
of  Sciences, 
Sir: 

The  Committee  of  the  National  Academy  of  Sciences  to 


300  TTIE  DEPARTMENT  OF  STATE 

-which  was  referred  the  question  of  restoration  of  the  faded 
writing  of  the  original  manuscript  of  the  Declaration  of 
Independence  respectfully  reports:  That  in  the  judgment 
of  the  Committee  it  is  not  expedient  to  attempt  to  restore 
the  manuscript  by  chemical  means  partly  because  such 
methods  of  restoration  are  at  best  imperfect  and  uncertain 
in  their  results,  and  partly  because  the  Committee  believes 
that  the  injury  to  the  document  in  question  is  due,  not  merely 
to  the  fading  of  the  ink  employed,  but  also  and  in  a  large 
manner,  to  the  fact  that  press  copies  have  been  taken  from 
the  original  so  that  a  part  of  the  ink  has  been  removed  from 
the  parchment. 

The  Committee  is  therefore  of  opinion  that  it  will  be  best 
either  to  cover  the  present  receptacle  of  the  manuscript  with 
an  opaque  lid  or  to  remove  the  manuscript  from  its  frame 
and  place  it  in  a  portfolio,  where  it  may  be  protected  from 
the  action  of  light  and  furthermore  that  no  press  copies  of 
any  part  of  it  should  in  future  be  permitted. 

Wolcott  Gibbs,  Chairman. 
J.  E.  Hilgard. 
J.  Laurence  Smith. 
R.  E.  Rogers. 
C.  F.  Chandler. 
Boston,  Jan.  7,  1881. 

It  is  believed  that  the  committee  was  in  error  in 
supposing  that  more  than  one  press  copy  was  ever 
taken  of  the  document. 

The  report  of  the  committee  was  communicated  to 
the  Secretary  of  State  by  the  Secretary  of  the  Interior 
January  21,  1881. 

The  request  which  brought  its  removal  to  Philadel- 
phia is  indicated  by  the  following  correspondence : 


THE  LAWS  301 


Independence  Hall 
(Museum  Department) 

Philadelphia,  Felry.  1,  1876. 
To  Hon.  Z.  Chandler, 

Secretary  of  the  Interior. 
Sir: 

A  committee  composed  of  the  two  Presidents  of  Councils 
of  the  City  of  Phila —  the  Chairman  of  the  Committee  on 
Centennial  Anniversary,  the  Commit,  of  City  Property,  and 
myself  have  been,  under  the  authority  of  an  ordinance, 
engaged  for  three  years  past  in  restoring  Independence 
Chamber  to  its  appearance  in  July,  1776.  The  original  chairs 
used  by  the  members,  the  chair  occupied  by  Hancock  as 
President,  the  table  upon  which  the  Decln  of  Independence 
was  signed — even  the  silver  inkstand  used  upon  the  occasion — 
all  have  now  been  restored  to  their  positions — while  the  walls 
of  the  chamber  exhibit  portraits  duly  authenticated  of  nearly 
all  who  debated  &  signed  our  Magna  Charta. 

I  respectfully  transmit  for  your  examination  the  three 
reports  duly  made  as  the  work  progressed.  Messrs.  Farrell 
&  Co.  have  now  contributed  a  first  class  fire-proof  safe  con- 
structed pursuant  to  the  directions  of  the  Comtee.,  which  has 
been  placed  in  Independence  Hall.  When  the  doors  are 
opened  the  contents  will  be  securely  presented  by  a  heavy 
plate  glass  inner  door — the  fire-proof  doors  to  be  opened  by 
day  &  closed  at  night. 

We  beg  most  respectfully  but  earnestly  to  request  that  you 
will  deposit  in  this  safe  the  original  Decln.  of  Independence 
in  your  custody,  that  it  may  then  be  exhibited  to  the  citizens 
of  the  U.  States  generally  &  to  foreigners  in  the  very  chamber 
where  that  document  was  originally  discussed  &  signed. 

We  have  already  taken  every  precaution  that  the  most 
experienced  insurance  inspector  could  point  out  to  secure  this 
Building  against  fire  &  desire  to  express  ourselves  ready  & 
willing  to  adopt  whatever  more  you  may  point  out  to  ensure 


302  THE  DEPARTMENT  OF  STATE 

the  perfect  safety  of  this  inestimable  document.  The  key  of 
the  inner  or  glass  door  shall  be  placed  in  your  hands  if  you 
so  desire,  so  that  the  actual  custody  need  not  pass  from  your 
department,  or  we  will  have  it  (the  glass  door)  screwed  in 
place  &  request  the  seal  of  your  department  to  be  placed 
over  it. 

The  Comtee.  or  its  chairman  will  personally  proceed  to 
Washington  &  carry  out  your  instructions  or  will  take  such 
action  as  you  may  deem  desirable  or  expedient. 

Very  respy  personally  &  on  the  part  of  the  Comtee. 
on  Restoration  of  Independence  Hall. 

Fkank  M.  Etting, 

Chairman. 

The  government  had  already  resolved  to  send  the 
Declaration  to  Philadelphia,  but  had  designed  to  keep 
it  in  the  building  which  was  being  erected  to  hold  the 
government's  exhibits.  The  Secretary  of  the  Interior 
wTrote  to  the  Philadelphia  committee: 

Department  of  the  Interior, 

Washington,  D.  C,  February  21st,  1876. 
Sir: 

I  acknowledge  the  receipt  of  your  letter,  dated  the  1st 
instant,  requesting  on  behalf  of  the  "Committee  on  the 
Restoration  of  Independence  Hall",  that  the  original 
Declaration  of  Independence,  now,  and  for  many  years,  on 
exhibition  in  the  Model  Room  of  the  Patent  Office,  be  trans- 
ferred to  the  custody  of  said  Committee  for  the  purpose  of 
being  exhibited  in  said  Hall,  during  the  approaching 
Centennial  Exhibition. 

You  are  respectfully  informed  that,  prior  to  the  receipt 
of  your  letter,  arrangements  had  been  perfected  to  place  said 
Declaration  on  exhibition  in  the  building  erected  for  the 
Government  display  at  the  Centennial  Exhibition,  a  fire  and 


TEE  LAWS  303 


burglar-proof  safe  having  been  provided  for  its  reception, 
and  to  insure  it  against  injury.  Under  these  circumstances, 
I  do  not  feel  at  liberty  to  comply  with  the  request  contained 
in  your  letter. 

I  am,  Sir,  Very  respy., 
Your  obedient  servant, 
Frank  M.  Etting,  Esq.,  Z.  Chandler. 

Chmn.  of  Com.  on  Restoration 
of  Independence  Hall, 

Philadelphia,  Penna. 

This  reply  was  not  accepted  as  final,  and  an  appeal 
was  made  to  the  President  in  a  letter  dated  March  28, 
1876,  substantially  identical  with  that  sent  to  Secretary 
Chandler,  accompanied  by  a  personal  letter  from 
George  W.  Childs : 

International  Exhibition 

1876 

United  States  Centennial  Commission. 

Historical  Philadelphia,  March  28,  1876. 

Department. 

My  dear  Mr.  President: 

Col.  Etting  who  writes  the  within  letter  is  the  Chairman 
and  moving  spirit  of  the  Municipal  Committee  for  the 
restoration  of  Independence  Hall,  whose  work  has  resulted 
in  the  admirable  change  now  visible  in  that  venerated  historic 
chamber. 

It  seems  to  be  so  manifest  that  if  the  Declaration  is  to  be 
exhibited  in  Philadelphia  it  should  be  in  the  very  Hall  where 
it  was  considered,  consummated  and  signed,  that  nothing  can 
be  added  by  argument  to  the  weight  of  that  single  reason. 
Indeed  it  seems  to  me  there  would  be  palpable  unfitness  in 
showing  it  anywhere  else. 

You  will  see  by  Col.  Etting 's  letter  that  every  practicable 


304  THE  DEPARTMENT  OF  STATE 

precaution  has  been  adopted  to  insure  the  safety  of  the 
precious  document,  not  only  from  ordinary  accident  and  fire, 
but  from  the  possibility  of  being  touched  by  careless  hands. 

I  hope  you  may  be  able  to  see  the  way  clear  to  such  order 
as  will  place  the  Declaration  in  the  old  Hall  during  the  six 
months  of  the  Exhibition. 

"With  respect,  truly  yours, 

Geo.  W.  Childs. 

The  Secretary  of  the  Interior  still  resisted  transfer 
of  the  document  to  the  city  of  Philadelphia  without 
Congressional  authority.  He  wrote  the  President, 
April  13,  enclosing  a  report  from  the  Commissioner 
of  Patents,  who  had  actual  possession  of  the  Declara- 
tion, showing  how  it  came  to  be  in  his  office : 

Department  op  the  Interior 
Washington. 

April  13,  1876. 
The  President, 
Sir: 

I  have  the  honor  to  acknowledge  the  receipt,  by  your  refer- 
ence, of  two  communications  addressed  to  you  on  the  28th 
and  30th  ult.,  by  Frank  M.  Etting,  Esq.,  Chief  of  the  His- 
torical Department  of  the  International  Exhibition,  and 
George  W.  Childs,  Esq.,  respectively;  requesting  that  an 
order  be  issued  for  the  transfer  of  the  original  Declaration 
of  Independence  from  the  custody  of  this  Department  to  that 
of  the  Committee  who  have  charge  of  the  restoration  of 
Independence  Hall,  in  Philadelphia,  in  order  that  that 
document  may  be  exhibited  in  said  Hall,  during  the 
approaching  Centennial  celebration  in  that  city. 

A  similar  request  was  made  by  Mr.  Etting  to  this  Depart- 
ment on  the  1st  of  February  last,  a  compliance  with  which 
was  declined  for  the  reasons  stated  in  my  letter  of  the  21st 
of  that  month,  a  copy  of  which  is  herewith  transmitted. 


THE  LAWS  305 


I  have  also  the  honor  to  enclose  a  copy  of  a  communication, 
addressed  to  me  on  the  11th  instant,  by  the  Commissioner  of 
Patents,  showing  the  manner  in  which  the  "Declaration" 
came  into  the  charge  of  this  Department. 

While  I  recognize  the  eminent  fitness  of  the  exhibition  of 
the  Declaration  of  Independence  in  the  Chamber  wherein  it 
was  adopted  and  signed,  I  do  not  feel  at  liberty  to  permit  it 
to  pass  from  my  custody  unless  authorized  by  Congress  to 
do  so. 

I  have  the  honor,  therefore,  to  suggest  the  propriety  of 
submitting  the  proposition  touching  such  transfer,  to  Con- 
gress, for  such  direction  as  that  body  may  see  fit  to  authorize. 
Should  this  suggestion  meet  with  your  approval,  I  will 
prepare  the  necessary  letters  and  transmit  them  with  copies 
of  the  correspondence  already  had  in  the  matter,  to  Congress, 
unless  you  shall  prefer  to  make  the  proposition  for  such 
transfer  the  subject  of  an  Executive  communication  to  that 
body. 

I  have  the  honor  to  be, 
With  great  respect, 
Your  obedient  servant, 

Z.  Chandler, 
Secretary. 

Enclosed  with  this  letter  was  the  letter  from  the 
Commissioner  of  Patents : 

Department  of  the  Interior 

U.  S.  Patent  Office. 
Washington,  April  11,  1876. 
Hon.  Z.  Chandler, 

Sec'y  of  the  Interior. 
Sir: 

In  response  to  your  verbal  request  of  the  4th  ult.,  in  regard 
to  the  letter  of  Col.  Etting  and  Geo.  W.  Childs,  of  Philadel- 
phia, in  relation  to  the  Declaration  of  Independence,  now  in 
your  custody,  I  have  the  honor  to  report: 


306  THE  DEPARTMENT  OF  STATE 

I  am  not  aware  that  there  is  any  law  covering  the  matter, 
or  consigning  the  document  to  your  custody.  Many  years 
since  the  buildings  in  the  city  wherein  such  a  document  could 
be  safely  stored  were  very  few.  The  tradition  of  the  matter 
is  that  the  document  was  placed  in  the  Patent  Office  building 
for  safe-keeping,  the  State  Department  being  a  brick  building 
which  offered  no  security  against  fire.  At  that  time  there 
was  what  was  known  in  Washington  as  "The  National 
Museum,"  and  to  this  were  contributed  various  things  of 
interest,  such  as  the  relics  of  "Washington,  the  treaties  with 
Foreign  Countries,  the  Benjamin  Franklin  printing-press, 
and  also  this  document  in  question,  the  Declaration  of 
Independence. 

To  these  objects  of  personal  interest  were  added  subse- 
quently many  objects  of  natural  history,  and  the  curiosities 
brought  home  by  the  Wilkes  Expedition. 

When  the  Smithsonian  Institution  was  organized  in  this 
city,  about  1846,  the  Act  of  Congress  made  it  the  custodian 
of  objects  of  natural  history  (See  Revised  Statutes,  pages 
1088  to  1090).  As  the  space  was  required  for  models,  the 
Patent  Office  was  glad  to  part  with  these,  but  no  adequate 
safety  could  be  secured  in  the  Smithsonian  Institution  build- 
ing for  these  objects  which  it  would  be  impossible  to  replace. 
The  wisdom  of  the  determination  has  been  fully  justified  as 
the  Smithsonian  building,  since  that  time,  has  been  subjected 
to  a  disastrous  fire. 

I  therefore  give  it  as  my  judgment  on  the  facts  that  the 
Declaration  of  Independence,  and  the  Commission  of  General 
Washington,  associated  with  it  in  the  same  frame,  belong  to 
your  Department  as  heirlooms,  the  right  being  prescriptive. 

In  regard  to  the  merits  of  the  matter,  and  the  earnestly 
expressed  desire  of  the  gentlemen  sending  the  communication 
above  referred  to,  it  may  not  be  proper  that  I  should  express 
my  opinion.  It  may  be  permitted,  however,  to  me  to  state 
that  the  document  is  one  around  which  cluster  all  the  interests 
of  the  Centennial  period,  and  as  the  Government  has  con- 


THE  LAWS  307 


eluded  at  a  large  expense  to  exhibit  its  own  curiosities  in  its 
own  building,  I  can  not  see  why  the  great  central  feature  of 
interest  should  be  removed  from  its  collection. 

I  have  the  honor  to  be, 
Very  respectfully  yours, 

H.  H.  Duell, 
Commissioner  of  Patents. 

After  further  consultation,  and  in  all  probability  by 
direct  order  of  the  President,  it  was  determined  to 
accede  to  the  Philadelphia  request,  and  A.  Bell, 
Chief  Clerk  of  the  Interior  Department,  carried  the 
document  to  Philadelphia  May  6,  1876. 

Department  of  the  Interior, 

Washington,  May  10th,  1876. 
Hon.  Z.  Chandler, 

Secretary  of  the  Interior. 
Sir: 

I  have  the  honor  to  report,  that,  in  obedience  to  your 
instructions  of  the  5th  inst.,  I  conveyed  to  Philadelphia,  Pa. 
on  the  morning  of  the  6th  the  original  Declaration  of  Inde- 
pendence, and  deposited  the  same  in  the  safe  provided  for 
its  reception  in  Independence  Hall. 

Mayor  Stokley,  on  accepting  the  trust,  desired  me  to  convey 
to  you  the  assurance  that  your  action  in  returning  the 
Declaration  to  the  Hall  in  which  it  was  signed  was  gratefully 
appreciated  by  the  people  of  Philadelphia.  He  also  wished 
me  to  say  that  the  document  would  be  guarded  with  jealous 
care,  and  returned  to  your  Department  at  the  close  of  the 
Centennial  season.  Permit  me  to  add  that  the  warm  welcome 
which  greeted  this  national  relic  on  its  arrival  at  Independ- 
ence Hall,  and  the  favorable  comments  of  the  City  press 
thereon,  were  evidences  of  a  popular  recognition  of  the 
wisdom  shown  by  the  President  and  yourself,  in  directing  the 
return  of  the  Declaration  to  its  time-honored  home. 


308  THE  DEPARTMENT  OF  STATE 

Thanking  you  for  the  honor  conferred  upon  me,  as  the 
bearer  of  the  sacred  document,  I  remain, 

Very  Respectfully, 

A.  Bell, 
C.C. 

The  exhibition  having  closed,  an  effort  was  made 
by  the  authorities  of  the  city  of  Philadelphia  to  retain 
the  Declaration  in  Independence  Hall. 

Clerk's  Office,  Common  Council, 

Philadelphia,  February  15th,  1877. 

To  Hon.  William  S.  Stokley, 

Mayor  of  Philadelphia. 
Sir: 

This  is  to  certify  that  the  following  is  a  true  and  correct 
copy  of  the  original  Resolution  passed  by  the  Select  and 
Common  Councils  of  the  City  of  Philadelphia,  Fifteenth  day 
of  February  A.  D.,  1877,  entitled, 

Resolution 
Relative  to  the  Original  Declaration  of  Independence  : 

Whereas,  It  is  understood  that  steps  are  about  to  be  taken 
under  the  direction  of  the  Department  of  the  Interior,  at 
Washington,  to  have  the  Original  Chart  of  the  Declaration 
of  Independence  removed  from  Independence  Hall,  where 
it  has  been  temporarily  deposited  since  the  opening  of  the 
Centennial  Exhibition,  back  to  the  National  Capital. 

And  Whereas,  The  State  House  of  Pennsylvania  has  been 
dedicated  by  the  Citizens  of  Philadelphia,  to  their  fellow 
Countrymen  of  the  United  States  as  a  perpetual  monument 
to  the  founders  of  American  Independence,  and  it  is  pecu- 
liarly appropriate  that  the  Original  Chart  of  the  Declaration 
should  be  permitted  to  remain  permanently  in  the  building 
where    it    was    signed    and    originally    promulgated,    as    an 


THE  LAWS  309 


enduring  object  of  interest  to  the  ceaseless  throng  of  visitors 
to  that  Historic  spot,  therefore, 

Resolved,  By  the  Select  and  Common  Councils  of  the  City 
of  Philadelphia,  That  the  National  Authorities  are  hereby 
respectfully  and  earnestly  requested  to  take  the  necessary 
action,  legislative  or  otherwise,  by  which  the  said  Chart  may 
be  suffered  to  remain  deposited  hereafter  on  exhibition  in 
Independence  Hall,  under  the  care  and  custody  of  the  Councils 
of  the  City  of  Philadelphia. 

Resolved,  That  a  certified  copy  of  these  Resolutions  be 
forthwith  transmitted  by  his  Honor  the  Mayor  to  the 
President  of  the  United  States,  the  Secretary  of  the  Depart- 
ment of  the  Interior,  and  the  Members  of  Congress  from 
Pennsylvania,  and  that  the  latter  are  hereby  respectfully 
urged  to  invite  their  endeavors  to  secure  the  accomplishment 
of  the  object  herein  proposed. 
Attest, 

John  Eckstein, 
Clerk  of  Common  Council. 

The  proposition  met  with  a  cool  reception  in 
Washington  and  was  not  pressed. 

In  the  mean  time  the  Secretary  of  State,  being  now 
in  a  new  fireproof  building,  wrote  to  the  Secretary  of 
the  Interior  requesting  the  return  to  his  office  of  the 
document,  and  the  President  approved  the  request. 
It  was  clear  that  its  only  proper  abiding  place  was  his 
Department  under  the  terms  of  the  act  creating  the 
Department. 

Feby.  8th  77 
The  Honorable  the 

Secretary  of  State. 
Sir: 

In  reply  to  your  letter  of  the  5th  inst.  requesting  the  return 
to  the  Department  of  State  of  the  original  Declaration  of 


310  TIIE  DEPARTMENT  OF  STATE 

Independence,  the  Commission  of  General  Washington,  as 
Commander-in-Chief,  and  certain  treaties  with  foreign  powers, 
which  request  was  approved  by  the  President  of  the  United 
States  by  endorsement  on  your  letter,  I  have  the  honor  to 
state  that  measures  will  immediately  be  taken  by  this  Depart- 
ment to  return  the  papers  referred  to,  to  the  custody  of  the 
Department  of  State. 

The  Declaration  of  Independence  was,  at  the  request  of 
prominent  citizens  of  Philadelphia,  with  the  approval  of  the 
President  of  the  United  States,  deposited  in  Independence 
Hall,  on  the  6th  of  May  last,  in  custody  of  the  Committee 
on  the  Restoration  of  Independence  Hall,  to  remain  during 
the  Centennial  Exhibition,  and  has  not  yet  been  returned  to 
this  Department. 

The  Commissioner  of  Patents  states  that  he  is  informed 
that  the  treaties  with  foreign  powers,  formerly  in  the  custody 
of  the  Patent  Office,  were,  some  years  since,  transferred  to 
the  Smithsonian  Institute.  The  Regent  of  the  Institute  has 
this  day  been  requested  to  furnish  to  this  Department  any 
information  relative  thereto,  which  he  may  have,  or  to  return 
the  same  to  this  Department  if  they  are  yet  in  his  charge. 
Arrangements  will  be  made  immediately  for  the  return  of 
the  Declaration  of  Independence  to  the  Department  in  order 
that  your  request  may  be  complied  with  at  an  early  date. 

Very  respectfully, 

Z.  Chandler, 
Secretary. 

March  3,  1877. 
The  Honorable, 

The  Secretary  of  State. 
Sir: 

I  have  the  honor,  in  compliance  with  the  request  contained 
in  your  letter  of  the  6th  ult.,  endorsed  by  the  President  of 
the  United  States,  to  forward,  herewith,  the  original  Declara- 


THE  LAWS  311 


tion    of    Independence,    and    the    Commission    of    General 
George  Washington,  as  Commander-in-Chief. 

Compliance  with  your  request  relative  to  these  papers,  was 
delayed  by  an  effort  on  the  part  of  prominent  citizens  of 
Philadelphia  to  have  them  retained  permanently  in  Inde- 
pendence Hall,  where  they  were  placed  during  the  Centennial 
Exhibition. 

I  have  the  honor  also  to  transmit  the  treaties  with  foreign 
powers  referred  to  in  the  schedule  which  accompanied  your 
letter  with  the  exception  of  the  treaty  between  the  United 
States  and  Great  Britain  of  George  the  Third,  1784,  which 
can  not  at  present  be  accounted  for.  I  send  herewith,  copy 
of  a  letter  of  Prof.  Henry  relative  to  the  treaties. 

Very  respy,  Your  obt.  servant, 

Z.  Chandler, 
Secretary. 

The  missing  treaty  was  subsequently  found  and 
sent  to  the  Department. 

The  Declaration  was  placed  in  the  library,  where  it 
remained  on  view  until  1894. 

The  plan  of  the  exhibit  of  the  Department  for  the 
World's  Fair  at  Chicago  in  1893  included  the  display 
of  the  Declaration,  because  of  the  great  patriotic 
interest  in  seeing  it  manifested  by  all  classes  of 
people;  but  when  it  became  known  that  its  transpor- 
tation to  a  considerable  distance  and  to  a  building  not 
fireproof  was  contemplated,  much  opposition  to  its 
being  thus  jeopardized  in  its  safety  was  manifested, 
and,  acting  upon  several  written  protests,  the  Secre- 
tary of  State  ordered  that  it  should  not  be  moved. 

The  deterioration  begun  in  1876  increased  and  by 
1894  the  document  had  faded  so  that  many  of  the 
signatures    were    invisible,    except    to    the    closest 


312  THE  DEPARTMENT  OF  STATE 

inspection.    The  action  taken  on  the  subject  is  shown 
by  the  following: 

Report  of  a  Committee  of  the  National  Academy  of  Sciences 

on  the  Condition  and  Preservation  of  the 

Declaration  of  Independence. 

New  York,  April  24,  1903. 
Honorable  John  Hay, 

Secretary  of  State. 

Dear  Sir  :  In  response  to  a  communication  received  from 
you,  a  committee  was  appointed  by  President  Agassiz  of  the 
National  Academy  of  Sciences  to  confer  with  you  with  regard 
to  the  present  condition  of  the  Declaration  of  Independence, 
and  to  make  such  recommendations  as  should  seem  desirable 
to  insure  the  preservation  of  this  precious  instrument.  The 
committee  was  also  requested  to  send  their  report  to  you 
directly  in  order  to  avoid  the  delay  which  might  result  from 
reporting  in  the  usual  manner  to  the  officers  of  the  Academy. 
The  members  of  the  committee  are  John  S.  Billings,  Ira 
Remsen,  and  Charles  F.  Chandler. 

After  conferring  with  you,  the  committee  was  given  an 
opportunity  to  make  a  careful  examination  of  the  instrument 
with  the  assistance  of  Mr.  A.  H.  Allen,  Chief  of  the  Bureau 
of  Rolls  and  Library,  and  with  the  assistance  of  Dr.  Wilbur 
M.  Gray  of  the  Army  Medical  Museum. 

The  instrument  has  suffered  very  seriously  from  the  very 
harsh  treatment  to  which  it  was  exposed  in  the  earlier  years 
of  the  Republic.  Folding  and  rolling  have  creased  and  broken 
the  parchment.  The  wet  press-copying  operation,  to  which 
it  was  exposed  about  1820,  for  the  purpose  of  producing  a 
facsimile  copy,  removed  a  large  portion  of  the  ink.  Subse- 
quent exposure  to  the  action  of  light  for  more  than  thirty 
years,  while  the  instrument  was  placed  on  exhibition,  has 
resulted  in  the  fading  of  the  ink,  particularly  in  the  signa- 
tures. The  present  method  of  caring  for  the  instrument  seems 
to  be  the  best  that  can  be  suggested. 


THE  LAWS  313 


The  committee  is  pleased  to  find  that  no  evidence  of  mould 
or  other  disintegrating  agents  can  be  discovered  upon  the 
parchment  by  careful  microscopic  examination ;  nor  any 
evidence  that  disintegration  is  now  in  progress. 

The  investigation  has  been  facilitated  by  the  photograph 
that  was  taken  in  1883,  two  years  after  the  previous  exami- 
nation by  a  committee  of  the  Academy,  and  we  would  suggest 
the  desirability  of  taking  another  photograph  of  about  the 
same  size  at  the  present  time,  and  from  time  to  time  in  the 
future  as  an  aid  to  future  investigations. 

The  committee  does  not  consider  it  wise  to  apply  any 
chemicals  with  a  view  to  restoring  the  original  color  of  the 
ink,  because  such  application  could  be  but  partially  successful, 
as  a  considerable  percentage  of  the  original  ink  was  removed 
in  making  the  copy  about  1820,  and  also  because  such  appli- 
cation might  result  in  serious  discoloration  of  the  parchment ; 
nor  does  the  committee  consider  it  necessary  or  advisable  to 
apply  any  solution,  such  as  collodion,  paraffin,  etc.,  with  a 
view  to  strengthening  the  parchment  or  making  it  moisture 
proof. 

The  committee  is  of  opinion  that  the  present  method  of 
protecting  the  instrument  should  be  continued ;  that  it  should 
be  kept  in  the  dark  and  as  dry  as  possible,  and  never  placed 
on  exhibition. 

Charles  F.  Chandler, 

Chairman  of  the  Committee. 


CHAPTER  XII 

THE   CONSTITUTION.     CHIEF   PUBLICATIONS.     LIBRARY. 
RELICS.     OBJECTS  OF  ART 

OF  equal  importance  with  the  Declaration  of 
Independence  is  the  Constitution  of  the  United 
States,  the  original  of  which  has  never  passed  out  of 
the  Secretary  of  State's  custody,  but  which  has  never 
been  put  on  exhibition  and  has  suffered  no  deteriora- 
tion. In  connection  with  it  two  important  official 
publications  must  be  noticed. 

The  first,  edited  by  the  Secretary  of  State,  John 
Quincy  Adams,  was  the  Journal,  Acts  and  Proceedings 
of  the  Convention,  etc.,  published  in  Boston  in  1819, 
under  authority  of  a  joint  resolution  of  Congress  of 
March  27,  1818.  This  was  the  official  journal  of  the 
Convention  which  under  the  Convention's  orders  the 
Secretary,  William  Jackson,  had  turned  over  to  the 
President  of  the  Convention,  General  Washington, 
when  it  adjourned,  to  be  kept  by  him  until  its  place 
of  deposit  should  be  indicated  by  the  Congress  of  the 
new  government,  if  it  should  ever  be  formed.  Wash- 
ington did  not,  however,  ask  for  directions  from 
Congress,  but  seems  to  have  concluded  that,  as  it  had 
deposited  the  records  of  the  old  government  with  the 
Department  of  State,  that  was  the  proper  place  for 
the  records  of  the  establishment  of  the  new  govern- 


TEE  CONSTITUTION— LIBRARY— RELICS      315 

ment.  They  were  turned  over  by  Mm  and  receipted 
for  by  Secretary  Timothy  Pickering,  March  16,  1796. 
When  Adams  edited  them  in  1818  they  were  in  the 
immediate  custody  of  the  chief  clerk,  Daniel  Brent. 

Another  important  publication  by  the  Department 
was  entitled  the  ' '  Documentary  History  of  the  Consti- 
tution of  the  United  States  of  America,  1786-1870, 
Derived  from  the  Records,  Manuscripts,  and  Rolls 
deposited  in  the  Bureau  of  Rolls  and  Library  of  the 
Department  of  State,"  edited  by  the  Chief  of  the 
Bureau,  Andrew  Hussey  Allen.  The  first  two  volumes 
appeared  in  1894  and  contained  the  records  of  the 
Annapolis  Convention  of  1786,  the  journal  of  the 
Federal  Convention  of  1787  and  collateral  papers,  and 
amendatory  and  ratification  proceedings  of  the  states. 
Volume  III  appeared  in  1900  and  contained  Madison's 
journal  of  debates  in  the  Convention  of  1787.  Volumes 
IV  and  V  were  published  in  1905,  containing  letters 
and  papers  relating  to  the  Constitution  taken  from  the 
historical  collections  then  in  the  Bureau  of  Rolls  and 
Library.  Congress  has  never  authorized  a  facsimile 
of  the  Constitution;  but  the  document  has  been 
photographed. 

It  has  been  seen  that  the  same  provisions  which 
applied  to  the  publication  of  the  laws  were  made 
applicable  to  the  publication  of  treaties,  which  are  the 
supreme  law;  but  several  separate  compilations  of 
collected  treaties  have  been  made  for  convenience. 
The  first  was  a  private  publication  entitled  Diplomatic 
Code  of  the  United  States  of  America  embracing  a 
Collection  of  Treaties  and  Conventions  between  the 


316  THE  DEPARTMENT  OF  STATE 

United  States  and  Foreign  Powers  from  the  year  1778 
to  1828,  by  Jonathan  Elliot,  published  in  Washington, 
1827.  It  was  under  the  patronage  of  the  Secretary  of 
State,  Henry  Clay,  to  whom  it  was  dedicated.  In  the 
letter  of  Mr.  Clay  to  Mr.  Elliot,  dated  November  1, 
1827,  and  printed  at  the  beginning  of  the  volume,  he 
said:  "It  is,  I  believe,  the  first  complete  collection, 
in  one  volume,  of  our  Treaties  with  Foreign  Powers, 
which  has  been  made."  A  second  edition  with  addi- 
tions was  published  in  1834.  In  1848  the  Little  & 
Brown  edition  of  the  laws  included  the  treaties  in  one 
volume,  No.  8.  On  December  22,  1870,  the  Senate 
passed  a  resolution  asking  the  Secretary  of  State  "to 
prepare  and  transmit  to  the  Senate  copies  of  all  the 
treaties  and  conventions  (except  postal  conventions) 
entered  into  by  the  United  States,"  which  had  been 
ratified.  They  were  sent  in  on  February  1,  1871,  and 
printed  that  year  by  order  of  Congress  under  the  title 
Treaties  and  Conventions  concluded  between  the 
United  States  of  America  and  other  Powers,  this  being 
the  first  compilation  of  treaties  issued  directly  from 
the  Department  of  State.  It  was  compiled  under  the 
direction  of  J.  C.  Bancroft  Davis,  the  Assistant 
Secretary,  and  had  notes  by  him  showing  what  treaties 
or  parts  of  treaties  had  been  abrogated,  with  decisions 
thereon.  In  1873  a  second  edition  appeared  with 
further  notes  by  Mr.  Bancroft  Davis.  In  1876,  under 
supervision  of  his  successor  as  Assistant  Secretary, 
John  L.  Cadwalader,  an  edition  of  treaties  concluded 
since  May  1,  1870,  was  issued,  with  notes.  The  next 
issue  was  that  compiled  by  John  H.  Haswell,  Chief  of 


THE  CONSTITUTION— LIBRARY— RELICS      317 

the  Bureau  of  Indexes  and  Archives,  issued  in  1889 
in  accordance  with  a  resolution  of  the  Senate  of 
January  5,  1885.  It  reproduced  the  Bancroft  Davis 
notes  with  some  additions.  Subsequent  editions  have 
been  less  comprehensive,  the  next  being  that  of  1899, 
compiled  by  Henry  L.  Bryan  in  accordance  with  the 
provisions  of  the  Act  of  July  7,  1898,  and  entitled 
simply  Compilation  of  Treaties  in  Force.  A  later 
edition  was  issued  in  1904  under  resolution  of  the 
Senate  February  11,  1904,  prepared  by  Mr.  William 
M.  Malloy  and  submitted  to  the  Department  before 
publication,  but  not  prepared  under  its  direction. 

Following  naturally  the  Department's  publication 
of  compilations  of  treaties  with  notes  were  the  efforts 
made  to  digest  the  practice  of  this  government  on 
international  questions  so  as  to  formulate  the  Ameri- 
can interpretation  of  international  law.  Bancroft 
Davis's  notes  published  in  1873  and  Cadwalader's 
supplement  in  1875  led  up  to  the  publication  by  the 
Department  in  1877  of  A  Digest  of  the  Published 
Opinions  of  the  Attorneys-General  and  of  the  Leading 
Decisions  of  the  Federal  Courts,  ivith  reference  to 
International  Law,  Treaties,  and  Kindred  Subjects, 
compiled  by  Mr.  Cadwalader  in  collaboration  with 
Charles  P.  James,  Esq.,  afterwards  a  judge  of  the 
Supreme  Court  of  the  District  of  Columbia,  one  volume 
of  290  pages.  Ten  years  later,  in  1886,  the  Depart- 
ment published  Dr.  Francis  Wharton's  great  work  in 
three  volumes,  to  which  a  fourth  was  added  in  1887 
as  a  supplement,  entitled,  A  Digest  of  the  International 
Law   of  the   United  States,   taken  from  Documents  \ 


318  THE  DEPARTMENT  OF  STATE 

Issued  by  the  Presidents  and  Secretaries  of  State,  and 
from  Decisions  of  Federal  Courts  and  Opinions  of 
Attorneys-General.  During  the  preparation  of  this 
work  Dr.  Wharton  was  Solicitor  of  the  Department 
and  had  unusual  facilities  for  successfully  prosecuting 
his  researches.  The  publication  was  authorized  by 
Congress  under  joint  resolution  of  July  28,  1886.1 

After  the  lapse  of  another  ten  years,  at  the  request 
of  the  Secretary  of  State,  a  second  edition  of  Dr. 
Wharton's  Digest  was  authorized  by  Act  of  February 
20,  1897,2  providing  for  the  ' '  revising,  reindexing,  and 
otherwise  completing  and  perfecting  with  the  aid  of 
such  documents  as  may  be  useful,  the  second  edition 
of  the  International  Law  of  the  United  States."  The 
task  of  preparing  this  work  was  intrusted  by  the 
Secretary  of  State,  Richard  Olney,  to  William  Hallett 
Phillips ;  but  Mr.  Phillips  had  hardly  begun  his  labors 
when  he  died,  and  Mr.  Olney 's  successor,  John  Sher- 
man, selected  John  Bassett  Moore  to  take  Mr. 
Phillips's  place.  After  nine  years  occupied  in  the 
task,  Mr.  Moore's  monumental  work  was  published  in 
eight  volumes,  the  eighth  being  an  index,  under  the 
title,  A  Digest  of  International  Law  as  embodied  in 
Diplomatic  Discussions,  Treaties  and  other  Inter- 
national Agreements,  International  Awards,  the 
Decisions  of  Municipal  Courts,  and  the  Writings  of 
Jurists,  and  especially  in  Documents,  published  and 
unpublished,  issued  by  Presidents  and  Secretaries  of 
State    of    the    United   States,    the    Opinions    of    the 

i  24  Stat.,  345. 
2  29  Stat.,  584. 


THE  CONSTITUTION— LIBRARY— RELICS      319 

Attorneys-General,    and    the    Decisions    of    Courts, 
Federal  and  State  (1906). 

After  the  publication  of  Dr.  Wharton's  Digest,  by 
joint  resolution  of  August  13,  1888,  Congress  provided 
for  the  printing,  "under  the  editorial  charge  of 
Francis  Wharton,"  of  a  supplement  to  the  Digest 
"containing  the  diplomatic  correspondence  of  the 
American  Revolution,  with  historical  and  legal  notes." 
The  "supplement"  appeared  in  1889  in  six  volumes 
under  the  title  The  Revolutionary  Diplomatic  Corre- 
spondence of  the  United  States,  edited  under  direction 
of  Congress  by  Francis  Wharton  with  preliminary 
index,  and  notes,  historical  and  legal.  The  chief 
sources  of  material  were  the  archives  of  the  Conti- 
nental Congress,  the  Washington,  Jefferson,  Franklin, 
and  Madison  papers,  the  papers  of  the  old  Depart- 
ment of  Foreign  Affairs,  all  then  in  the  Department 
of  State,  and  Franklin,  Samuel  and  John  Adams,  John 
Paul  Jones,  Arthur  Lee,  John  Langdon,  and  John  Jay 
papers  from  other  sources.  This  was  the  third  publi- 
cation, under  the  Department's  supervision,  of  the 
diplomatic  correspondence  of  the  American  Revolu- 
tion, the  first  being  made  under  the  resolution  of 
Congress  of  March  27,  1818,  in  twelve  volumes  pub- 
lished in  1829-1830,  edited  by  Jared  Sparks.  Under 
authority  of  the  Act  of  May  5,  1832,  the  Department 
prepared  the  seven  volumes  which  appeared  in  1833 
printed  in  Washington  by  Francis  Preston  Blair, 
entitled  The  Diplomatic  Correspondence  of  the  United 
States  of  America  from  the  signing  of  the  Treaty  of 


320  THE  DEPARTMENT  OF  STATE 

Peace,  10th  September,  1783,  to  the  Adoption  of  the 
Constitution  March  4,  1789. 

As  it  was  the  project  of  printing  a  supplement  to 
Wharton's  Digest  which  gave  us  Wharton's  Diplo- 
matic Correspondence,  so  was  the  Digest  the  basis  for 
John  Bassett  Moore's  work  on  International  Arbitra- 
tions. It  was  originally  undertaken  to  form  a  part  of 
the  Digest,  but  expanded  into  a  compilation  more 
voluminous  than  the  Digest  itself,  being  published  in 
1898  by  the  Department,  under  the  title,  History  and 
Digest  of  the  International  Arbitrations  to  which 
the  United  States  has  been  a  Party,  together  ivith 
appendices  containing  the  treaties  relating  to  such 
Arbitrations,  and  historical  and  legal  notes  on  other 
International  Arbitrations,  ancient  and  modern,  and 
on  the  domestic  commissions  of  the  United  States  for 
the  adjustment  of  International  Claims. 

There  was  no  regular  periodical  publication  by  the 
Department  of  the  correspondence  relating  to  foreign 
affairs  until  1861,  when  the  volumes  of  Diplomatic 
Correspondence  appeared,  and  came  out  for  each  year 
up  to  1868.  The  year  1869  was  omitted,  and  for  1870 
appeared  the  publication  on  the  same  plan  with  the 
title  changed  to  Foreign  Relations  of  the  United 
States,  which  has  continued  ever  since,  being,  how- 
ever, often  delayed  for  reasons  of  policy,  the  last 
publication  being  for  1908.  In  printing  the  diplomatic 
correspondence  it  is  freely  edited,  only  that  portion 
the  publicity  of  which  can  not  disturb  the  diplomatic 
relations  of  the  United  States  being  given  out. 
Dispatches  which  are  in  cipher  are  translated  in  para- 


THE  CONSTITUTION— LIBRARY— RELICS      321 

phrase.  The  most  interesting  correspondence  of  the 
Department  does  not  appear  in  the  volumes.  The 
editing  is  usually  performed  in  the  Diplomatic  Bureau, 
but  the  supervision  is  always  by  one  of  the  Assistant 
Secretaries. 

The  President's  annual  message  to  Congress  usually 
contains  a  statement  of  our  relations  with  foreign 
Powers,  and  this  serves  as  the  annual  report  of  the 
Secretary  of  State.  A  regular  annual  report  to  the 
President  or  Congress  is  required  from  the  heads  of 
other  departments  but  not  from  him.  When  Richard 
Olney  was  Secretary,  however,  he  made  a  report  dated 
December,  1896,  entitled  "Beport  of  the  Secretary  of 
State"  for  that  year.  It  was  intended  to  be  the  first 
annual  report,  but  the  example  was  not  followed. 

The  general  supervision  of  the  Department's  publi- 
cations, their  custody  and  distribution  is  a  function 
of  the  Library  of  the  Department.  It  was  founded  by 
Thomas  Jefferson.  In  his  estimates  of  expenses  of 
June  17,  1790,  he  included  subscriptions  to  fifteen 
American  newspapers  at  an  average  of  four  dollars 
per  year  for  each;  $200  to  begin  a  collection  of  the 
laws  of  the  states,  and  $25  for  the  purchase  of  foreign 
gazettes,  this  amount  including  also  payment  for 
American  papers  to  be  sent  to  our  agents  abroad.1  To 
this  basis  for  a  library  should  be  added  the  laws  and 
public  documents  deposited  with  the  Department 
under  various  statutes,  and  books  under  the  copyright 
law. 

It  was  inevitable  that  some  works  on  government 

i  Ante,  p.  96. 


322  THE  DEPARTMENT  OF  STATE 

and  international  law  should  find  their  way  into  an 
office  occupied  by  such  men  of  books  as  Jefferson  and 
Madison.  When  the  British  invaded  the  city  in  1814, 
no  attempt  was  made  to  save  the  library  and  it  was 
burned  with  the  Department  building.  The  work  of 
collecting  was  taken  up  again  as  soon  as  the  office  was 
re-established.  The  Department  was  dependent  upon 
its  own  library  resources  and  did  not  have  the  privi- 
lege of  drawing  books  from  the  Library  of  Congress, 
until  it  was  granted  by  law  January  30,  1830  j1  but 
probably  it  had  the  larger  collection  of  the  two.  By 
1831  the  documents  and  laws  had  become  so  numerous 
that  Congress  appropriated  $340  to  pay  for  their 
storage.2 

When  Secretary  McLane  made  his  arrangement  of 
the  Department  in  1833,  the  clerk  who  had  charge  of 
the  Bureau  of  Pardons,  Remissions  and  Copyrights 
was  the  librarian,3  this  being  the  first  record  of  a 
Department  librarian.  The  purchases  for  the  library 
were  from  the  general  department  fund,  until  the  Act 
of  August  17,  1882,4  made  a  specific  appropriation  of 
$300  for  the  purpose.  This  amount  was  increased 
from  time  to  time,  and  is  now  $2,000  for  books,  maps, 
and  periodicals,  domestic  and  foreign.  The  increasing 
expansion  of  the  Library  of  Congress  carried  it  into 
the  same  field  in  some  respects  as  the  library  of  the 
Department  had  occupied,  and  the  latter  has,  in 
consequence,  become  a  special  library. 

1  History  of  the  Library  of  Congress,  Johnston,  I,  373. 

2  4  Stat.,  452. 

3  Ante,  p.  203. 
*  22  Stat.,  303. 


THE  CONSTITUTION— LIBRARY—RELICS      323 

The  fifteen  newspapers  of  Jefferson's  day  increased 
until  the  Department  had  files  of  all  the  chief  news- 
papers throughout  the  country.  They  were  stored  on 
the  fourth  floor  of  that  wing  of  the  building  which  the 
Department  now  occupies,  and,  the  space  being 
required  by  the  War  Department,  on  September  1, 
1882,  3,508  volumes  of  newspapers  were  sent  to  the 
Library  of  Congress,  more  being  added  the  following 
year.  The  laws  of  the  states  the  Department  was 
required  to  collect  under  its  organic  act,  and  it  had 
what  was  probably  the  completest  set  of  session  laws 
in  the  country.  The  volumes  were  transferred  to  the 
Congressional  Library  in  1911,  under  authority  of  the 
Act  of  February  25,  1903,  which  will  be  quoted 
presently. 

Historical  manuscripts  of  great  value  were  placed 
in  the  library  under  various  purchases.  The  Act  of 
June  30,  1834,  authorized  the  purchase  of  the  books 
and  manuscripts  of  George  Washington  for  $25,000, 
and  that  of  March  3, 1849,  gave  $20,000  for  a  remaining 
lot.  The  Act  of  March  3,  1837,  allowed  $30,000  for 
certain  Madison  papers  and  that  of  March  31,  1848, 
$25,000  for  the  rest  of  the  collection.  The  Act  of 
August  12,  1848,  gave  $20,000  for  the  Jefferson  papers 
and  the  same  amount  for  those  of  Alexander  Hamilton, 
while  this  sum  was  allowed  for  James  Monroe's 
papers,  also,  by  the  Act  of  March  3,  1849.  The  Act  of 
August  7,  1882,  appropriated  $35,000  for  the  papers  of 
Benjamin  Franklin.  All  of  these  collections,  and  the 
papers  of  the  Continental  Congress  deposited  with  the 
Department  when  it  was  created,  were  sent  to  the 


324  THE  DEPARTMENT  OF  STATE 

Library  of  Congress  in  accordance  with  the  following 
order : 

The  historical  archives  in  the  Department  of  State,  known 
as  the  Revolutionary  archives,  and  comprising  (1)  the 
records  and  papers  of  the  Continental  Congress;  (2)  the 
papers  of  George  Washington;  (3)  the  papers  of  James 
Madison;  (4)  the  papers  of  Thomas  Jefferson ;  (5)  the  papers 
of  Alexander  Hamilton;  (6)  the  papers  of  James  Monroe; 
(7)  the  papers  of  Benjamin  Franklin;  are  by  authority 
provided  by  the  Act  of  Congress,  entitled  "An  Act  making 
appropriations  for  the  legislative,  executive,  and  judicial 
expenses  of  the  government  for  the  fiscal  year  ending  June 
30,  1904,  and  for  other  purposes,"  approved  February  25, 
1903,  hereby  ordered  to  be  transferred  from  the  Department 
of  State  with  such  exceptions  and  reservations  in  each  collec- 
tion herein  enumerated  as  in  the  discretion  of  the  Secretary 
of  State  may  be  required  for  the  continuity  and  completeness 
of  the  records  and  archives  of  the  Department  of  State — to 
the  possession  and  custody  of  the  Library  of  Congress,  to  be 
there  preserved  and  rendered  accessible  for  historical  and 
other  legitimate  uses  under  such  rules  and  regulations  as 
may  from  time  to  time  be  prescribed  by  the  Librarian  of 
Congress. 

The  transfer  here  directed  shall  be  made  on  the  1st  day  of 
July,  1903,  or  as  promptly  thereafter  as  shall  be  found  con- 
veniently practicable  to  the  Department  of  State  and  the 
Library  of  Congress. 

Theodore  Roosevelt. 
White  House,  March  9,  190 3. ^ 

The  act  approved  February  25,  1903,  was : 

The  head  of  any  Executive  Department  or  bureau  or  any 
commission  of  the   Government  is  hereby  authorized   from 

i  Annual  Beport,  Librarian  of  Congress,  1903,  24,  25. 


THE  CONSTITUTION— LIBRARY— RELICS      325 

time  to  time  to  turn  over  to  the  Librarian  of  Congress,  for 
the  use  of  the  Library  of  Congress,  any  books,  maps,  or  other 
material  in  the  Library  of  the  Department,  bureau,  or  com- 
mission no  longer  needed  for  its  use,  and  in  the  judgment 
of  the  Librarian  of  Congress  appropriate  to  the  uses  of  the 
Library  of  Congress.1 

The  Department  retained  certain  papers  of  the  Con- 
tinental Congress  pertaining  to  foreign  affairs,  and 
the  committee  and  Department  of  Foreign  Affairs; 
Madison's  journal  of  the  debates  in  the  Constitutional 
Convention,  and  some  of  Madison's  letters  on  the 
subject  of  the  formation  of  the  Constitution. 

Previous  to  this  important  transfer,  the  Depart- 
ment turned  over  to  the  War  Department  all  muster 
rolls  and  purely  military  papers  pertaining  to  the 
Revolution  under  the  authority  of  the  Act  of  August 
18,  1894.2 

The  collecting  of  books  has  been  in  the  direction  of 
international  law,  American  history,  and  foreign 
countries,  the  result  being  a  select  special  library  of 
approximately  55,000  volumes.  No  catalogue  of  the 
library  has  ever  been  printed;  but  from  time  to  time 
special  lists  have  been  published,  the  most  important 
of  which  are :  in  1887  Catalogue  of  the  Works  Relative 
to  the  Law  of  Nations  and  Diplomacy  in  the  Library 
of  the  Department  of  State,  prepared  under  the 
direction  of  Theodore  F.  Dwight;  under  the  same 
direction,  A  List  of  Boohs  Received  at  the  Library  of 
the  Department  of  State,  July  1-October  30, 1886,  with 
References  to  International  Treaties  and  Articles  on 

1  Quoted  in  Annual  Beport,  Librarian  of  Congress,  1903,  23. 

2  28  Stat.,  403,  404. 


326  THE  DEPARTMENT  OF  STATE 

Subjects  Relative  to  the  Law  of  Nations  and  Diplo- 
macy in  Magazines  Received  During  the  Same  Period. 
The  third,  fourth,  and  fifth  issues  of  these  lists  included 
indexes  of  the  publications  of  the  second  session  of  the 
forty-ninth  Congress  which  concerned  the  Department 
of  State.  These  publications  were  discontinued,  owing 
to  the  insufficient  clerical  force  at  the  library's  dis- 
posal. A  new  series  was  started  by  the  Librarian, 
Andrew  H.  Allen,  A  List  of  Books  and  Pamphlets 
Received  at  the  Library  of  the  Department  of  State, 
by  Purchase,  Exchange,  and  Gift,  during  the  Period 
from  May  27,  1892,  to  October  1,  1892,  Supplemented 
by  a  List  of  Periodicals  and  Newspapers  Now  Cur- 
rently Received.  The  first  issue  appeared  in  October, 
1892,  and  subsequent  issues  were  made  at  irregular 
intervals  up  to  1905,  when  it  was  abandoned. 

The  library  has  never  been  a  public  one,  although 
it  has  always  been  open  to  any  responsible  person  for 
reference  or  research  work;  but  books  may  be  taken 
out  from  it  only  by  the  members  of  the  Department 
staff  and  the  diplomatic  corps. 

In  the  custody  of  the  Library  and  exhibited  in  the 
room  it  occupies  are  certain  relics  and  gifts  which 
have  come  to  the  Department  from  time  to  time. 
There  are  the  gold-headed  staff  which  Benjamin 
Franklin  carried,  several  buttons  from  the  coat  he 
wore  when  he  was  minister  at  the  French  court,  a 
sword  of  General  Washington's,  one  of  General 
Jackson's,  the  great  silver  punch  bowl  and  swords 
presented  by  the  citizens  of  Philadelphia  to  Captain 
Isaac  Hull,  U.  S.  N.,  in  1812,  and  several  other  relics 


TEE  CONSTITUTION— LIBRARY— RELICS      327 

of  interest;  but  the  most  valuable  of  them  all  is  the 
small,  portable  writing  desk  upon  which  Thomas 
Jefferson  drafted  the  Declaration  of  Independence. 
It  was  deposited  with  the  Department  by  President 
Hayes,  with  the  following  letter  from  Mr.  Jefferson: 

Th.  Jefferson  gives  this  writing  desk  to  Joseph  Cool- 
idge  junr  as  a  memorial  of  affection,  it  was  made  from  a 
drawing  of  his  own,  by  Ben  Randall,  cabinet  maker  of 
Philadelphia,  with  whom  he  first  lodged  on  his  arrival  in 
that  city  in  May  1776  and  is  the  identical  one  on  which  he 
wrote  the  Declaration  of  Independence.  Politics,  as  well  as 
Religion,  has  its  superstitions,  these,  gaining  strength  with 
time,  may  one  day  give  imaginary  value  to  this  relic  for 
it's  association  with  the  birth  of  the  Great  charter  of  our 
Independence. 

It  has  been  the  custom  of  the  Department  for  many 
years  past  to  have  the  portrait  of  each  Secretary 
painted  and  hung  upon  the  walls  of  the  diplomatic 
reception  room.  Paintings  of  the  earlier  Secretaries 
have  also  been  acquired,  until  the  collection  is  com- 
plete, beginning  with  Thomas  Jefferson.  Before 
noticing  a  few  of  these  better  portraits,  it  is  proper 
to  speak  of  the  best  work  of  art  in  the  Department's 
possession.  This  is  the  profile  life-sized  bust  in 
marble  of  James  Madison,  which  hangs  in  the  Secre- 
tary's office.  It  was  executed  in  1792  by  Giuseppe 
Ceracchi,  an  Italian  sculptor  of  renown,  who  came  to 
America  soon  after  the  Revolution  and  executed  busts 
of  Washington,  Hamilton,  and  others.  This  bust  was 
bought  from  the  Madison  estate  by  J.  C.  McGuire, 
Esq.,  of  Washington,  and  bought  by  the  Department 
from  the  McGuire  estate  when  Thomas  F.  Bayard  was 


328  THE  DEPARTMENT  OF  STATE 

Secretary.  Ceracchi  had  a  scheme  for  a  great  monu- 
ment to  Liberty.  Madison  wrote  of  him,  April  30, 
1830: 

The  Ceracchi  named  was  an  artist  celebrated  by  his  genius, 
and  who  was  thought  a  rival,  in  embryo,  to  Canova,  and 
doomed  to  the  guillotine  as  the  author  or  patron,  guilty  or 
suspected,  of  the  infernal  machine  for  destroying  Bonaparte. 
I  knew  him  well,  having  been  a  lodger  in  the  same  house  with 
him,  and  much  teased  by  his  eager  hopes,  on  which  I  con- 
stantly threw  cold  water,  of  obtaining  the  aid  of  Congress 
for  his  grand  project.  Having  failed  in  this  chance,  he  was 
advised  by  me  and  others  to  make  the  experiment  of  sub- 
.  scriptions,  with  the  most  auspicious  names  heading  the 
list;  ....  but  just  as  the  circular  address  was  about  to  be 
despatched,  it  was  put  into  his  head  that  the  scheme  was 
merely  to  get  rid  of  his  importunities,  and,  being  of  the 
genus  irritabile,  he  suddenly  went  off  in  anger  and  disgust, 
leaving  behind  him  heavy  drafts  on  General  Washington, 
Mr.  Jefferson,  etc.,  etc.,  for  the  busts,  etc.,  he  had  presented 
to  them.  His  drafts  were  not  the  effect  of  avarice,  but  of  his 
wants,  all  his  resources  having  been  exhausted  in  the  tedious 
pursuit  of  his  object.  He  was  an  enthusiastic  worshipper  of 
Liberty  and  Fame;  and  his  whole  soul  was  bent  on  securing 
the  latter  by  rearing  a  monument  to  the  former,  which  he 
considered  as  personified  in  the  American  Republic.  Attempts 
were  made  to  engage  him  for  a  statue  of  General  W.,  but  he 
would  not  stoop  to  that.1 

Coming  to  the  portraits,  that  of  Henry  Clay  by 
Edward  Dalton  Marchant,  bought  from  Mrs.  Marchant 
September  29,  1890,  under  a  special  appropriation  by 
Congress,  is  one  of  the  best.  In  urging  its  purchase 
upon  Congress,  Secretary  Blaine  said,  in  a  letter  to 

i  Madison's  Works,  IV,  71. 


TEE  CONSTITUTION— LIBRARY— RELICS      329 

the  chairman  of  the  Library  Committee  of  the  House 
of  Representatives,  April  25,  1890 : 

It  is,  in  my  opinion,  very  desirable  that  the  Department 
should  be  enabled  to  purchase  these  portraits  for  its  gallery 

of  Secretaries The  portrait  of  Mr.  Clay  is,  as  I  have 

previously  said,  perhaps  the  finest  portrait  of  him  in 
existence;  and  that  of  Mr.  Adams,  I  am  sure  from  my  own 
recollection  of  him,  is  a  faithful  likeness. 

June  20,  1890,  Mr.  Blaine  wrote  to  Senator  Hale : 

The  portraits  of  Henry  Clay  and  John  Quincy  Adams, 
offered  for  sale  as  former  Secretaries  of  State,  are  the  best 
that  have  ever  been  seen  in  the  Department.  I  am  very 
anxious  to  have  them  purchased. 

The  portrait  of  John  Quincy  Adams,  to  which  Mr. 
Blaine  alluded,  also  by  Marchant,  was  bought  at  the 
same  time  with  the  Clay  portrait,  $2,500  being  paid 
for  the  two ;  but  by  some  action  of  which  there  is  no 
record  the  Adams  portrait  was  subsequently  moved 
from  the  Department  and  hung  in  the  office  of  the 
(then)  Legation  at  London,  where  it  is  now.  The  two 
portraits  painted  by  George  Peter  Augustus  Healy 
of  Alexander  Baring  (Lord  Ashburton)  and  Daniel 
Webster,  were  executed,  the  former  in  1843  and  the 
latter  in  1848,  in  commemoration  of  the  negotiations 
by  them  of  the  Webster-Ashburton  treaty,  which 
defined  the  northeastern  boundary  of  the  United 
States.  Nearly  forty  years  later,  in  1883,  Mr.  Healy 
painted  the  portrait  of  Elihu  B.  Washburne.  In  1891 
the  Department  acquired  the  interesting  portrait  of 
John  Quincy  Adams  by  Jean  Baptiste  Adolphe  Gibert 
of   Rome,   which   was    painted    probably    somewhere 


330  TEE  DEPARTMENT  OF  STATE 

about  1830,  when  Gibert  visited  Washington.  Daniel 
Huntington's  Fish  and  Frelinghuysen  are  also  note- 
worthy portraits.  In  addition  the  Department  has  one 
of  Charles  Willson  Peale's  portraits  of  Washington, 
a  work  which  was  much  approved  of  at  one  time,  but 
is  supposed  to  have  been  marred  when  it  was  cleaned 
and  repaired  in  1840. 1  It  was  bought  when  John 
Quincy  Adams  was  Secretary  of  State. 

i  Descriptive  Catalogue  of  the  Collection  of  Portraits  in  the  Depart- 
ment of  State,  1900. 


•?  CHAPTER  XIII 

THE  DIPLOMATIC  AND  CONSULAE  SEEVICE  -  tt^ 

THE  management  of  foreign  affairs  being  the  most 
important  of  the  regular  duties  of  the  Depart- 
ment, the  supervision  of  the  diplomatic  and  consular 
service  is  its  chief  duty.  The  general  rules  which 
govern  the  foreign  service  are  found  in  the  works  on 
international  law  and  particularly  in  the  American 
digests ;  but  two  special  publications  have  been  issued 
by  the  Department  of  State  for  the  guidance  of  its 
agents  abroad — the  Diplomatic  Instructions  and  the 
Consular  Regulations. 

The  Diplomatic  Instructions  were  formerly  only  a 
printed  circular.  When  John  Quincy  Adams  was 
Secretary  of  State  in  1820  he  conceived  the  idea  of 
having  two  sets  of  instructions  for  diplomatic  officers — 
general  instructions  applicable  to  all,  and  personal 
instructions  applicable  to  a  particular  mission  or 
officer.1  The  general  instructions  were  to  include: 
"their  correspondence  with  each  other;  their  deport- 
ment to  the  sovereign  to  whom  they  are  accredited, 
and  to  the  Diplomatic  corps  of  the  same  Court;  their 
relations  with  the  Consuls  of  the  United  States  in  the 
same  countries;  their  duties  with  regard  to  granting 
passports;  to  insist  upon  the  alternative  in  signing 
treaties,  and  to  decline  accepting  the  presents  usually 

i  Diary,  V,  143. 


332  THE  DEPARTMENT  OF  STATE 

given  by  Kings  on  the  conclusion  of  treaties  and  to 
departing  ministers."  He  thought  that  even  more 
comprehensive  standing  instructions  would  be  useful. 
The  Diplomatic  Instructions  dates  from  Adams's 
administration. 

Additions  to  the  regulations  were  made  from  time 
to  time,  until,  under  the  supervision  of  William  Wood- 
ville  Rockhill,  Assistant  Secretary,  they  were  para- 
graphed as  in  the  case  of  the  Consular  Regulations 
and  issued  as  a  separate  volume  in  1897. 

The  Consular  Regulations  is  a  far  more  bulky  book 
and  its  tendency  is  to  increase  in  size.  There  are 
more  than  1,200  people  in  the  American  consular 
service,  and  the  rules  for  their  conduct  are  embodied 
in  some  3,000  paragraphed  regulations.  The  first 
issue  of  the  book  was  in  1855,  when  William  L.  Marcy 
was  Secretary  of  State,  and  followed  the  Act  of 
March  1,  1855,  remodeling  the  consular  service,  this 
book  being  entitled  General  Instructions  to  the  Consuls 
and  Commercial  Agents  of  the  United  States,  Pre- 
pared under  the  Direction  of  the  Department  of  State. 
The  Act  of  August  18,  1856,  provided  for  a  second 
edition,  which  appeared  in  1857,  entitled  Regulations 
Prescribed  by  the  President  for  Consular  Officers  of 
the  United  States.  The  next  issue  was  in  1870, 
Hamilton  Fish  being  Secretary  of  State;  another  was 
in  1874 ;  another  in  1881 ;  another  in  1888 ;  the  last  in 
1896. 

These  regulations  are  issued  by  the  President  in 
accordance  with  law  and  have  the  force  of  law.  They 
are  prepared  chiefly  in  the  Consular  Bureau,  but  many 


DIPLOMATIC  AND  CONSULAR  SERVICE       333 

hands  enter  into  their  composition.  When  a  new 
edition  is  to  be  issued  they  are  sent  to  the  White 
House  for  the  President's  approval,  which  is  commonly 
given  pro  forma;  but  when  the  copy  for  the  edition 
of  1888  was  sent  to  President  Cleveland  for  his  signa- 
ture he  kept  it  beyond  the  time  occupied  by  the  routine 
usual  in  such  cases.  According  to  the  report  circu- 
lated, he  read  the  regulations  through  before  he 
approved  them  and  declared  he  had  found  them 
interesting. 

Since  President  Roosevelt's  order  of  June  27,  1906, 
with  respect  to  consuls,  and  President  Taft's  order 
of  November  26,  1909,  with  respect  to  secretaries  of 
embassy  and  legation,  the  selection  of  those  who  are 
to  enter  the  service  has  proceeded  according  to  a 
system  which  the  Department  executes. 

The  first  consul  of  the  United  States  was  William 
Palfrey,  appointed  by  the  Continental  Congress 
November  4,  1780,  at  an  annual  salary  of  $1,500,  to 
reside  in  France.  No  consular  system  was  then 
adopted,  however,  nor  was  one  prescribed  by  Congres- 
sional authority  until  some  years  after  the  Depart- 
ment of  State  was  organized.1  In  1790  Washington 
appointed  six  consuls  and  ten  vice-consuls  under  his 
general  constitutional  authority,  and  on  August  29, 
1790,  Secretary  Jefferson  issued  a  circular  prescribing 
their  duties.  They  served,  however,  without  compen- 
sation, except  as  they  derived  it  from  fees  charged  the 

i  See  Wilbur  J.  Carr's  comprehensive  paper,  "The  American  Con- 
sular Service,"  in  The  American  Journal  of  International  Law  for 
October,  1907,  for  a  fuller  account  of  the  service  and  its  reorganization. 


334  TEE  DEPARTMENT  OF  STATE 

individuals  for  whom  they  did  services.  Americans 
engaged  in  trade  in  foreign  ports  were  selected  as 
consuls,  but  in  some  places  where  there  were  no 
Americans,  foreigners  were  appointed.  The  Acts  of 
April  14,  1792,  February  28,  1803,  and  March  1,  1823, 
defined  a  consul's  duties.  Martin  Van  Buren,  as 
Secretary  of  State,  in  a  report  dated  February  10, 

1830.1  made  important  recommendations  on  the  subject 
of  a  consular  system.  His  report  was  followed  by  one 
of  equal  consequence  by  Secretary  Edward  Livingston, 
which  President  Jackson  sent  to  Congress  March  2, 

1833. 2  Other  reports  were  made,  but  it  was  not  until 
March  1,  1855,  that  a  bill  was  passed  remodeling  the 
service.  In  an  amended  form  it  was  passed  August 
18,  1856,3  and  was  the  act  under  which  the  service  was 
conducted  for  fifty  years,  until  June  30, 1906,  when  the 
Act  of  April  5  of  that  year  went  into  effect. 

The  Act  of  1856  was  intended  to  create  a  corps  of 
consuls  having  permanent  tenure  of  their  offices,  but 
the  "spoils  system"  defeated  this  purpose  and  the 
consuls  were  appointed  and  removed  for  political  or 
personal  reasons.  The  tenure  of  office  was  short  and 
uncertain  and  the  service  as  a  whole  was  inefficient. 
The  Department  had  the  training  of  the  consul's,  but 
most  of  them  were  put  out  of  office  before  they  were 
trained.  Many  efforts  were  made  to  remedy  the  evil. 
In  1866  an  order  required  the  examination  of  appli- 
cants for  consulates,  but  only  one  examination  was 

i  Senate  Beport  No.  57,  21st  Congress,  2d  Session. 

2  Senate  Doc.  No.  83,  22d  Congress,  2d  Session. 

3  11  Stat.,  64. 


DIPLOMATIC  AND  CONSULAR  SERVICE       335 

held.  Executive  orders  of  April  16,  1872,  and  March 
14,  1873,  issued  under  the  Civil  Service  Act  of 
March  3,  1871,  outlined  a  plan  of  appointment  not 
unlike  that  now  followed,  but  the  civil  service  law 
was  effectually  repealed  by  the  failure  of  Congress 
to  appropriate  for  the  pay  of  the  Civil  Service 
Commission. 

Successive  attempts  to  secure  legislation  failed,  but 
by  an  order  of  June  20,  1895,  President  Cleveland 
provided  for  a  merit  system  of  appointment  for  con- 
sulates having  salaries  of  more  than  $1,000  and  not 
more  than  $2,500  per  annum.  This  order  was  effective 
during  the  remaining  year  of  Mr.  Cleveland's  term, 
but  his  successor  reverted  to  the  old  system,  which 
continued  to  flourish  until  the  executive  order  of  1906 
went  into  effect. 

The  order  is  as  follows : 

Whereas,  the  Congress,  by  §  1753  of  the  Revised  Statutes 
of  the  United  States,  has  provided  as  follows : 

"The  President  is  authorized  to  prescribe  such  regulations 
for  the  admission  of  persons  into  the  civil  service  of  the 
United  States  as  may  best  promote  the  efficiency  thereof,  and 
ascertain  the  fitness  of  each  candidate  in  respect  to  age, 
health,  character,  knowledge,  and  ability  for  the  branch  of 
service  into  which  he  seeks  to  enter;  and  for  this  purpose  he 
may  employ  suitable  persons  to  conduct  such  inquiries,  and 
may  prescribe  their  duties,  and  establish  regulations  for  the 
conduct  of  persons  who  may  receive  appointments  in  the 
civil  service." 

And,  whereas,  the  Congress  has  classified  and  graded  the 
consuls-general  and  consuls  of  the  United  States  by  the  act 
entitled  "An  Act  to  provide  for  the  reorganization  of  the 
consular  service  of  the  United  States,"  approved  April  5, 


336  THE  DEPARTMENT  OF  STATE 

1906,  and  has  thereby  made  it  practicable  to  extend  to  that 
branch  of  the  civil  service  the  aforesaid  provisions  of  the 
Revised  Statutes  and  the  principles  embodied  in  the  Civil 
Service  Act  of  January  16,  1883. 

Now,  therefore,  in  the  exercise  of  the  powers  conferred 
upon  him  by  the  Constitution  and  laws  of  the  United  States, 
the  President  makes  the  following  regulations  to  govern  the 
selection  of  consuls-general  and  consuls  in  the  civil  service 
of  the  United  States,  subject  always  to  the  advice  and  consent 
of  the  Senate : 

1.  Vacancies  in  the  office  of  consul-general  and  in  the 
office  of  consul  above  class  8  shall  be  filled  by  promotion  from 
the  lower  grades  of  the  consular  service,  based  upon  ability 
and  efficiency  as  shown  in  the  service. 

2.  Vacancies  in  the  office  of  consul  of  class  8  and  of  consul 
of  class  9  shall  be  filled : 

(a)1  By  promotion  on  the  basis  of  ability  and  efficiency  as 
shown  in  the  service,  of  consular  assistants2  and  of  vice 
consuls,  deputy  consuls,  consular  agents,  student  interpreters 
and  interpreters  in  the  consular  or  diplomatic  service,  who 
shall  have  been  appointed  to  such  offices  upon  examination. 

(&)  By  new  appointments  of  candidates  who  have  passed 
a  satisfactory  examination  for  appointment  as  consul  as 
hereafter  provided. 

3.  Persons  in  the  service  of  the  Department  of  State  with 
salaries  of  two  thousand  dollars  or  upwards  shall  be  eligible 
for  promotion,  on  the  basis  of  ability  and  efficiency  as  shown 
in  the  service,  to  any  grade  of  the  consular  service  above 
class  8  of  consuls. 

4.  The  Secretary  of  State,  or  such  officer  of  the  Depart- 
ment of  State  as  the  President  shall  designate,  the  Director 
of  the  Consular  Service,  the  Chief  of  the  Consular  Bureau,3 

i  As  amended  by  Executive  orders  of  December  12,  1906,  and  April 
20,  1907. 

2  As  amended  by  the  act  approved  May  21,  1908. 

s  As  amended  by  Executive  order  of  December  8,  1909. 


DIPLOMATIC  AND  CONSULAR  SERVICE       337 

and  the  Chief  Examiner  of  the  Civil  Service  Commission, 
or  some  person  whom  said  Commission  shall  designate,  shall 
constitute  a  Board  of  Examiners  for  admission  to  the  consular 
service. 

5.  It  shall  be  the  duty  of  the  Board  of  Examiners  to 
formulate  rules  for  and  hold  examinations  of  applicants  for 
admission  to  the  consular  service. 

6.  The  scope  and  method  of  the  examinations  shall  be 
determined  by  the  Board  of  Examiners,  but  among  the  sub- 
jects shall  be  included  at  least  one  modern  language  other 
than  English;  the  natural,  industrial  and  commercial 
resources  and  the  commerce  of  the  United  States,  especially 
with  reference  to  the  possibilities  of  increasing  and  extending 
the  trade  of  the  United  States  with  foreign  countries; 
political  economy;  elements  of  international,  commercial  and 
maritime  law. 

7.  Examination  papers  shall  be  rated  on  a  scale  of  100, 
and  no  person  rated  at  less  than  80  shall  be  eligible  for 
certification. 

8.  No  one  shall  be  examined  who  is  under  twenty-one  or 
over  fifty  years  of  age,  or  who  is  not  a  citizen  of  the  United 
States,  or  who  is  not  of  good  character  and  habits  and  physi- 
cally and  mentally  qualified  for  the  proper  performance  of 
consular  work,  or  who  has  not  been  specially  designated  by 
the  President  for  appointment  to  the  consular  service  subject 
to  examination. 

9.  Whenever  a  vacancy  shall  occur  in  the  eighth  or  ninth 
class  of  consuls  which  the  President  may  deem  it  expedient 
to  fill,  the  Secretary  of  State  shall  inform  the  Board  of 
Examiners,  who  shall  certify  to  him  the  list  of  those  persons 
eligible  for  appointment,  accompanying  the  certificate  with 
a  detailed  report  showing  the  qualifications,  as  revealed  by 
examination,  of  the  persons  so  certified.  If  it  be  desired  to 
fill  a  vacancy  in  a  consulate  in  a  country  in  which  the  United 
States  exercises  extra-territorial  jurisdiction,  the  Secretary  of 
State  shall  so  inform  the  Board  of  Examiners,   who  shall 


338  THE  DEPARTMENT  OF  STATE 

include  in  the  list  of  names  certified  by  it  only  such  persons 
as  have  passed  the  examination  provided  for  in  this  order, 
and  who  also  have  passed  an  examination  in  the  fundamental 
principles  of  the  common  law,  the  rules  of  evidence  and  the 
trial  of  civil  and  criminal  cases.  The  list  of  names  which  the 
Board  of  Examiners  shall  certify  shall  be  sent  to  the  President 
for  his  information. 

10.  No  promotion  shall  be  made  except  for  efficiency,  as 
shown  by  the  work  that  the  officer  has  accomplished,  the 
ability,  promptness  and  diligence  displayed  by  him  in  the 
performance  of  all  his  official  duties,  his  conduct  and  his 
fitness  for  the  consular  service. 

II.1  It  shall  be  the  duty  of  the  Board  of  Examiners  to 
formulate  rules  for  and  hold  examinations  of  persons  desig- 
nated for  appointment  as  consular  assistant2  or  as  student 
interpreter,  and  of  such  persons  designated  for  appointment 
as  vice  consul,  deputy  consul  and  consular  agent,  as  shall 
desire  to  become  eligible  for  promotion.  The  scope  and 
method  of  such  examination  shall  be  determined  by  the  Board 
of  Examiners,  but  it  shall  include  the  same  subjects  herein- 
before prescribed  for  the  examination  of  consuls.  Any  vice 
consul,  deputy  consul  or  consular  agent  now  in  the  service, 
upon  passing  such  an  examination  shall  become  eligible  for 
promotion,  as  if  appointed  upon  such  examination. 

12.  In  designations  for  appointment  subject  to  exami- 
nation and  in  appointments  after  examination,  due  regard 
will  be  had  to  the  rule,  that  as  between  candidates  of  equal 
merit,  appointments  should  be  so  made  as  to  secure  propor- 
tional representation  of  all  the  States  and  Territories  in  the 
consular  service;  and  neither  in  the  designation  for  exami- 
nation or  certification  or  appointment  will  the  political 
affiliations  of  the  candidate  be  considered. 

Theodore  Roosevelt. 

The  White  House,  June  27th,  1906. 

i  As  amended  by  Executive  order  of  December  12,  1906. 
2  As  amended  by  the  act  approved  May  21,  1908. 


DIPLOMATIC  AND  CONSULAR  SERVICE       339 

President  Taft  issued  the  following  with  respect  to 
examinations : 

No  officer  or  employee  of  the  Government  shall,  directly  or 
indirectly,  instruct  or  be  concerned  in  any  manner  in  the 
instruction  of  any  person  or  classes  of  persons,  with  a  view 
to  their  special  preparation  for  the  examinations  of  the 
Boards  of  Examiners  for  the  diplomatic  and  consular  services. 

The  fact  that  any  officer  or  employee  is  found  so  engaged 
shall  be  considered  sufficient  cause  for  his  removal  from  the 
service. 

Wm.  H.  Taft. 

The  White  House,  December  23,  1910. 

This  order  has  been  held  not  to  apply  to  professional 
instruction  in  a  university  where  some  of  the  class 
may  contemplate  taking  the  consular  examination. 

Following  the  order,  the  Department  prescribed  the 
following : 

Regulations  Governing  Examinations  Promulgated  by 
the  Board  op  Examiners  December  13,  1906 

1.  The  examinations  will  be  the  same  for  all  grades  and 
will  be  to  determine  a  candidate's  eligibility  for  appointment 
in  the  consular  service,  irrespective  of  the  grade  for  which  he 
may  have  been  designated  for  examination  and  without  regard 
to  any  particular  office  for  which  he  may  be  selected. 

2.  The  examinations  will  consist  of  an  oral  and  a  written 
one,  the  two  counting  equally.  The  object  of  the  oral  exami- 
nation will  be  to  determine  the  candidate's  business  ability, 
alertness,  general  contemporary  information,  and  natural  fit- 
ness for  the  service,  including  moral,  mental,  and  physical 
qualifications,  character,  address,  and  general  education  and 
good  command  of  English.  In  this  part  of  the  examination 
the  applications  previously  filed  will  be  given  due  weight  by 
the  Board  of  Examiners,  especially  as  evidence  of  the  appli- 


340  THE  DEPARTMENT  OF  STATE 

cant's  business  experience  and  ability.  The  written  exami- 
nation will  include  those  subjects  mentioned  in  the  Executive 
order,  to  wit,  at  least  one  modern  language  other  than  Eng- 
lish— French,  German,  or  Spanish;1  the  natural,  industrial, 
and  commercial  resources  and  the  commerce  of  the  United 
States,  especially  with  reference  to  possibilities  of  increasing 
and  extending  the  foreign  trade  of  the  United  States ;  political 
economy,  and  the  elements  of  international,  commercial,  and 
maritime  law.  It  will  likewise  include  American  history, 
government,  and  institutions;  political  and  commercial  geog- 
raphy; arithmetic  (as  used  in  commercial  statistics,  tariff 
calculations,  exchange,  accounts,  etc.)  ;  the  modern  history, 
since  1850,  of  Europe,  Latin  America,  and  the  Far  East,  with 
particular  attention  to  political,  commercial,  and  economic 
tendencies.  In  the  written  examination,  composition, 
grammar,  punctuation,  spelling,  and  writing  will  be  given 
attention. 

3.  To  become  eligible  for  appointment,  except  as  student 
interpreter,  in  a  country  where  the  United  States  exercises 
extraterritorial  jurisdiction,  the  applicant  must  pass  the 
examination  outlined  above,  but  supplemented  by  questions 
to  determine  his  knowledge  of  the  fundamental  principles  of 
common  law,  the  rules  of  evidence,  and  the  trial  of  civil  and 
criminal  cases. 

4.  The  examinations  to  be  given  candidates  for  appoint- 
ment as  student  interpreters  will  follow  the  same  course  as 
in  the  case  of  other  consular  officers,  provided,  however,  that 
no  one  will  be  examined  for  admission  to  the  consular  service 
as  a  student  interpreter  who  is  not  between  the  ages  of  nine- 
teen and  twenty-six,  inclusive,  and  unmarried ;  and,  provided 
further,  that  upon  appointment  each  student  interpreter  shall 
sign  an  agreement  to  continue  in  the  service  so  long  as  his 
services  may  be  required,  within  a  period  of  five  years. 

5.  Upon  the  conclusion  of  the  examinations  the  names  of 
the  candidates  who  shall  have  attained  upon  the  whole  exami- 

i  As  amended  by  the  Board  of  Examiners  February  18,  1911. 


DIPLOMATIC  AND  CONSULAR  SERVICE       341 

nation  an  average  mark  of  at  least  eighty,  as  required  by  the 
Executive  order,  will  be  certified  by  the  Board  to  the  Secre- 
tary of  State  as  eligible  for  appointment  in  the  consular 
service,  and  the  successful  candidates  will  be  informed  that 
this  has  been  done. 

6.  The  names  of  candidates  will  remain  on  the  eligible 
list  for  two  years,  except  in  the  case  of  such  candidates  as 
shall  within  that  period  be  appointed,  or  as  shall  withdraw 
their  names,  and  of  candidates  holding  subordinate  positions 
in  the  consular  service,  when  eligibility  shall  not  expire  until 
appointment  to  consular  rank  or  until  separation  from  the 
service.  Candidates  whose  names  have  thus  been  dropped 
from  the  eligible  list  will  not  again  be  eligible  for  appoint- 
ment unless  upon  fresh  application,  designation  anew  for 
examination,  and  the  successful  passing  of  such  second 
examination. 

The  Act  of  May  21,  1908,  alluded  to  in  the  order, 
was  the  appropriation  act  which  reduced  the  period 
for  which  a  student  interpreter  is  required  to  sign  an 
agreement  to  continue  in  the  service  from  ten  to  five 
years.  Following  are  the  supplementary  orders 
referred  to : 

Amendments  to  the  Regulations  governing  appointments  and 
promotions  in  the  Consular  service,  dated  June  27,  1906. 

Let  student  interpreters  be  included  under  paragraph  2 
sub-division  (a)  and  under  paragraph  11,  on  the  same  foot- 
ing as  vice  consuls,  deputy  consuls  and  consular  agents. 

Theodore  Roosevelt 
The  "White  House 
December  12,  1906. 

Section  2  (a)  of  the  order  of  June  27,  1906,  in  regard  to 
appointments  and  promotions  in  the  consular  service,  is 
hereby  amended  to  read  as  follows : 


342  THE  DEPARTMENT  OF  STATE 

Section  2  (a).  By  promotion  on  the  basis  of  ability  and 
efficiency  as  shown  in  the  service,  of  consular  clerks  and  of 
vice  consuls,  deputy  consuls,  consular  agents,  student  inter- 
preters and  interpreters  in  the  consular  or  diplomatic 
service,  who  shall  have  been  appointed  to  such  offices  upon 
examination. 

m      __         TT  Theodore  Roosevelt 

The  White  House, 

April  20,  1907. 

Section  IV  of  the  Order  of  June  27,  1906,  prescribing 
regulations  for  appointments  and  promotions  in  the  consular 
service,  is  hereby  amended  by  substituting  "Director  of  the 
Consular  Service,  the  Chief  of  the  Consular  Bureau"  for 
"Chief  Clerk  of  the  Department  of  State." 

rn  w  XT  Wm    H    TAFT 

The  White  House, 
December  8,  1909. 

The  Regulations  governing  examinations  promulgated  by 
the  Board  of  Examiners  for  the  Consular  Service,  December 
13,  1906,  are  hereby  amended  by  the  substitution  of  the  words 
"at  least  one  modern  language  other  than  English — French, 
German,  or  Spanish"  for  the  words  "French,  German,  or 
Spanish,  or  at  least  one  modern  language  other  than 
English "  in  paragraph  two  thereof. 

Chandler  Hale 
Third  Assistant  Secretary  of  State, 
Chairman,  Board  of  Examiners. 
Wilbur  J.  Carr 
Director  of  the  Consular  Service. 

G.  R.  Wales 
Chief  Examiner,   Civil  Service 
Commission. 

Herbert  C.  Hengstler 
Chief,  Consular  Bureau. 
February  18,  1911. 


DIPLOMATIC  AND  CONSULAR  SERVICE       343 


October  25,  1911. 

Board  of  Examiners  for  the  Consular  Service. 

Section  6  of  the  Regulations  governing  examinations, 
promulgated  December  13,  1906,  is  hereby  amended  to  read 
as  follows: 

"The  names  of  candidates  will  remain  on  the  eligible  list 
for  two  years,  except  in  the  case  of  such  candidates  as  shall 
within  that  period  be  appointed,  or  as  shall  withdraw  their 
names,  and  of  candidates  holding  subordinate  positions  in 
the  consular  service,  when  eligibility  shall  not  expire  until 
appointment  to  consular  rank  or  until  separation  from  the 
service.  Candidates  whose  names  have  thus  been  dropped 
from  the  eligible  list  will  not  again  be  eligible  for  appoint- 
ment unless  upon  fresh  application,  designation  anew  for 
examination,  and  the  successful  passing  of  such  second 
examination. ' ' 

Chandler  Hale 
Third  Assistant  Secretary  of  State, 
Chairman. 

Wilbur  J.  Carr 
Director  of  the  Consular  Service. 

Herbert  C.  Hengstler 
Chief,  Consular  Bureau. 

G.  R.  Wales 
Chief  Examiner,  Civil  Service 
Commission. 

Along  with  the  efforts  for  reform  of  the  consular 
service,  but  less  vigorously,  has  grown  a  demand  for 
a  merit  system  of  appointment  in  the  diplomatic  ser- 
vice. The  bill  with  which  the  successful  agitation  for 
the  reform  began  was  introduced  in  the  Senate  by 
Senator  Morgan  of  Alabama  in  1895  and  included  the 
diplomatic  service  in  its  scope,  but  this  feature  was 


344  THE  DEPARTMENT  OF  STATE 

dropped  out  of  the  subsequent  bills.     So  far  as  the 

subordinate    diplomatic    offices    are    concerned,  the 

improvement    desired    has    been    effected    by  the 
following  order  of  President  Taft: 

Whereas,  the  Congress,  by  §  1753  of  the  Revised  Statutes 
of  the  United  States  has  provided  as  follows : 

"The  President  is  authorized  to  prescribe  such  regulations 
for  the  admission  of  persons  into  the  civil  service  of  the 
United  States  as  may  best  promote  the  efficiency  thereof,  and 
ascertain  the  fitness  of  each  candidate  in  respect  to  age, 
health,  character,  knowledge,  and  ability  for  the  branch  of 
service  into  which  he  seeks  to  enter;  and  for  this  purpose  he 
may  employ  suitable  persons  to  conduct  such  inquiries,  and 
may  prescribe  their  duties,  and  establish  regulations  for  the 
conduct  of  persons  who  may  receive  appointments  in  the  civil 
service. ' ' 

And,  Whereas,  it  is  deemed  best  for  the  public  interest  to 
extend  to  the  diplomatic  service  the  aforesaid  provision  of  the 
Revised  Statutes  and  the  general  principles  embodied  in  the 
Civil  Service  Act  of  January  16th,  1883 : 

(1)  The  Secretary  of  State  is  hereby  directed  to  report 
from  time  to  time  to  the  President,  along  with  his  recom- 
mendations, the  names  of  those  secretaries  of  the  higher 
grades  in  the  diplomatic  service  who  by  reason  of  efficient 
service  have  demonstrated  special  capacity  for  promotion  to 
be  chiefs  of  mission. 

(2)  There  shall  be  kept  careful  efficiency  records  of  every 
officer  of  the  diplomatic  service,  in  order  that  there  may  be 
no  promotion  except  upon  well  established  efficiency  as  shown 
in  the  service,  and  that  retention  in  the  service  may  be 
conditioned  upon  the  officers'  maintaining  a  degree  of 
efficiency  well  up  to  the  average  high  standard  which  the 
interests  of  the  service  demand. 

(3)  Initial  appointments  from  outside  the  service  to 
secretaryships  in  the  diplomatic  service  shall  be  only  to  the 


DIPLOMATIC  AND  CONSULAR  SERVICE       345 

classes  of  Third  Secretary  of  Embassy,  or,  in  case  of  higher 
existent  vacancies,  of  Second  Secretary  of  Legation,  or  of 
Secretary  of  Legation  at  such  post  as  has  assigned  to  it  but 
one  secretary.  Vacancies  in  secretaryships  of  higher  classes 
shall  be  filled  by  promotion  from  the  lower  grades  of  the 
service,  based  upon  efficiency  and  ability  as  shown  in  the 
service. 

(4)  To  make  it  more  practicable  to  extend  to  the  appoint- 
ment, promotion,  transfer,  or  retention  of  secretaries  in  the 
diplomatic  service  the  civil  service  principle  of  promotion  on 
the  basis  of  efficiency  as  shown  in  the  service,  and  in  order 
that  the  action  of  the  Department  may  be  understood  by  the 
officers  concerned,  all  secretaryships  in  the  diplomatic  service 
shall  be  graded  according  to  the  importance,  volume,  diffi- 
culty, or  other  aspects  of  the  work  done  by  each  mission  in 
proportion  to  the  number  of  men  allotted  to  it,  and  this 
classification  shall  be  made  known  to  the  members  of  the 
service. 

(5)  A  person  separated  from  a  secretaryship  in  the  diplo- 
matic service  without  delinquency  or  misconduct  at  his  own 
request  in  writing  may,  within  a  period  of  one  year  from  the 
date  of  such  separation,  be  reinstated  in  the  grade  from  which 
he  was  separated,  provided  he  shall  have  been  originally 
appointed  after  the  prescribed  examination  for  that  grade. 
In  the  event,  however,  that  such  separation  shall  be  for  the 
purpose  of  undertaking  other  work  under  the  Department 
of  State,  the  limitation  of  one  year  for  eligibility  for  rein- 
statement shall  not  hold.  This  rule  shall  be  applicable  as 
regards  reinstatements  to  the  consular  service  and  also  to 
the  Department  of  State  when  transfers  shall  have  been  to 
another  branch  of  the  foreign  service. 

(6)  The  Assistant  Secretary  of  State,  the  Solicitor  for  the 
Department  of  State,  the  Chief  of  the  Diplomatic  Bureau, 
and  the  Chief  of  the  Bureau  of  Appointments,  and  the  Chief 
Examiner  of  the  Civil  Service  Commission  or  some  person 
whom  the  Commission  shall  designate,  or  such  persons  as  may 


346  THE  DEPARTMENT  OF  STATE 

be  designated  to  serve  in  their  stead,  are  hereby  constituted 
a  Board  whose  duty  it  shall  be  to  determine  the  qualifications 
of  persons  designated  by  the  President  for  examination  to 
determine  their  fitness  for  possible  appointment  as  secretaries 
of  embassy  or  legation. 

(7)  The  examination  herein  provided  for  shall  be  held  in 
Washington  at  such  times  as  the  needs  of  the  service  require. 
Candidates  will  be  given  reasonable  notice  to  attend,  and  no 
person  shall  be  designated  to  take  the  examination  within 
thirty  days  of  the  time  set  therefor. 

(8)  The  examinations  shall  be  both  oral  and  in  writing 
and  shall  include  the  following  subjects: — international  law, 
diplomatic  usage,  and  a  knowledge  of  at  least  one  modern 
language  other  than  English,  to  wit,  French,  Spanish,  or 
German ;  also  the  natural,  industrial  and  commercial  resources 
and  the  commerce  of  the  United  States,  especially  with  refer- 
ence to  the  possibilities  of  increasing  and  extending  the  trade 
of  the  United  States  with  foreign  countries ;  American  history, 
government  and  institutions;  and  the  modern  history  since 
1850  of  Europe,  Latin  America  and  the  Far  East.  The  object 
of  the  oral  examination  shall  also  be  to  determine  the  candi- 
date's alertness,  general  contemporary  information,  and 
natural  fitness  for  the  service,  including  mental,  moral,  and 
physical  qualifications,  character,  address,  and  general  educa- 
tion and  good  command  of  English.  In  this  part  of  the 
examination  the  applications  previously  filed  will  be  given 
due  weight  by  the  Board  of  Examiners.  In  the  determination 
of  the  final  rating,  the  written  and  oral  ratings  shall  be  of 
equal  weight.  A  physical  examination  shall  also  be  included 
as  supplemental. 

(9)  Examination  papers  shall  be  rated  on  a  scale  of  100, 
and  no  person  with  a  general  rating  of  less  than  80  shall  be 
certified  as  eligible. 

No  person  shall  be  certified  as  eligible  who  is  under  twenty- 
one  or  over  fifty  years  of  age,  or  who  is  not  a  citizen  of  the 
United  States,  or  who  is  not  of  good  character  and  habits  and 


DIPLOMATIC  AND  CONSULAR  SERVICE       347 

physically,  mentally,  and  temperamentally  qualified  for  the 
proper  performance  of  diplomatic  work,  or  who  has  not  been 
specially  designated  by  the  President  for  appointment  to  the 
diplomatic  service  subject  to  examination  and  subject  to  the 
occurrence  of  an  appropriate  vacancy. 

(10)  Upon  the  conclusion  of  the  examinations,  the  names 
of  the  candidates  who  shall  have  attained  upon  the  whole 
examination  the  required  mark  will  be  certified  by  the  Board 
to  the  Secretary  of  State  as  eligible  for  appointment. 

(11)  The  names  of  candidates  will  remain  on  the  eligible 
list  for  two  years,  except  in  the  case  of  such  candidates  as 
shall  within  that  period  be  appointed  or  shall  withdraw  their 
names.  Names  which  have  been  on  the  eligible  list  for  two 
years  will  be  dropped  therefrom  and  the  candidates  concerned 
will  not  again  be  eligible  for  appointment  unless  upon  fresh 
application,  designation  anew  for  examination,  and  the 
successful  passing  of  such  second  examination. 

(12)  Applicants  for  appointment  who  are  designated  to 
take  an  examination  and  who  fail  to  report  therefor,  shall  not 
be  entitled  to  take  a  subsequent  examination  unless  they  shall 
have  been  specifically  designated  to  take  such  subsequent 
examination. 

In  designations  for  appointment  subject  to  examination  and 
in  appointments  after  examination,  due  regard  will  be  had 
to  the  rule,  that  as  between  candidates  of  equal  merit,  appoint- 
ments should  be  made  so  as  to  tend  to  secure  proportional 
representation  of  all  the  States  and  Territories  in  the  diplo- 
matic service ;  and  neither  in  the  designation  for  examination 
or  certification  or  appointment  after  examination  will  the 
political  affiliations  of  the  candidates  be  considered. 

(13)  The  Board  of  Examiners  is  authorized  to  issue  such 
notices  and  to  make  all  such  rules  as  it  may  deem  necessary 
to  accomplish  the  object  of  this  regulation. 

(14)  Transfers  from  one  branch  of  the  foreign  service  to 
another  shall  not  occur  except  upon  designation  by  the 
President  for  examination  and  the  successful  passing  of  the 


348  THE  DEPARTMENT  OF  STATE 

examination  prescribed  for  the  service  to  which  such  transfer 
is  made.  Unless  the  exigencies  of  the  service  imperatively 
demand  it,  such  person  to  be  transferred  shall  not  have  prefer- 
ence in  designation  for  the  taking  of  the  examination  or  in 
appointment  from  the  eligible  list,  but  shall  follow  the  course 
of  procedure  prescribed  for  all  applicants  for  appointment 
to  the  service  which  he  desires  to  enter.  To  persons  employed 
in  the  Department  of  State  at  salaries  of  eighteen  hundred 
dollars  or  more,  the  preceding  rule  shall  not  apply  and  they 
may  be  appointed,  on  the  basis  of  ability  and  efficiency,  to 
any  grade  of  the  diplomatic  service. 

(15)  The  Secretary  of  State  may,  as  provided  by  Rule  III 
of  the  present  Civil  Service  Rules,  request  the  Civil  Service 
Commission  to  hold  special  examinations  for  the  position  of 
clerk  of  class  two  or  above  in  the  Department  of  State,  such 
examination  to  follow  generally  and  so  far  as  the  Secretary 
of  State  shall  deem  practicable,  the  lines  of  the  present 
foreign  service  examinations. 

(16)  In  the  case  of  promotions  in  the  Department  of  State 
to  the  grades  of  clerk  of  class  two  or  above,  the  Secretary  of 
State  may  require  the  passing  of  an  examination  in  the 
general  nature  of  the  present  diplomatic  or  consular  service 
examinations. 

(17)  With  further  reference  to  the  matter  of  promotions 
in  the  Department  of  State,  the  Secretary  of  State  is  directed 
to  cause  to  be  kept,  as  a  guide  in  determining  the  promotion 
or  retention  of  the  personnel,  a  careful  record  of  the  efficiency 
of  each  clerk  in  the  Department. 

Wm.  H.  Tapt. 
The  White  House,  November  26,  1909. 

This  was  supplemented  by: 

INFORMATION  FOR  APPLICANTS 

Diplomatic  service  examinations  are  not  held  at  regularly 
stated  periods,  but  only  at  such  times  as  it  is  deemed  expe- 
dient to  replenish  the  list  of  those  eligible  for  such  appoint- 


DIPLOMATIC  AND  CONSULAR  SERVICE       349 

ment.  The  dates  of  the  holding  of  examinations  are  publicly 
announced  through  the  press. 

Although  designations  for  examination  are  made  by  the 
President,  applications  for  appointment  should  be  addressed 
to  the  Secretary  of  State. 

An  application  is  considered  as  pending  for  a  period  of  two 
years.  After  such  period  has  elapsed  without  its  being  acted 
upon,  another  application  with  endorsements  will  be  necessary 
to  obtain  for  it  further  consideration. 

Applicants  for  appointment,  in  their  correspondence  with 
the  Department,  should  always  sign  their  names  as  given  in 
their  applications,  without  enlargement  or  contraction. 


CHAPTER  XIV 

PASSPORTS.     AUTHENTICATIONS.     REGISTRATIONS 

THE  highest  duty  of  an  American  diplomatic  or 
consular  officer  is  to  protect  citizens  of  the 
United  States  in  lawful  pursuit  of  their  affairs  in 
foreign  countries.  The  document  issued  in  authenti- 
cation of  the  right  to  such  protection  is  the  passport.1 

Broadly  speaking,  the  Department  issues  two  kinds 
of  passports — those  for  citizens  and  those  for  persons 
who  are  not  citizens.  Citizens '  passports  are  ordinary 
and  special;  aliens'  passports  are  for  travel  in  the 
United  States  and  for  qualified  protection  abroad  of 
those  who  have  taken  the  first  steps  to  become 
American  citizens. 

The  citizen's  passport  is  the  only  document  issued 
by  the  Department  of  State  to  authenticate  the  citizen- 
ship of  an  American  going  abroad.  The  Act  of 
August  18,  1856,2  makes  the  issuance  to  one  who  is  not 
a  citizen  a  penal  offense,  if  it  is  committed  by  a  con- 
sular officer.3  Before  this  law  was  passed  the  Depart- 
ment did  not  issue  the  document  to  aliens ;  but  it  was 

i  See  The  American  Passport,  its  History  and  a  Digest  of  Laws, 
Rulings  and  Regulations  governing  its  issuance  by  the  Department  of 
State,  1898. 

2  11  Stat.,  60. 

3  R.  S.  U.  S.  4078. 


PASSPORTS— AUTHENTICATIONS  351 

permitted  to  this  government's  agents  abroad  some- 
times to  do  so.  The  Personal  Instructions  to  the 
Diplomatic  Agents  of  the  United  States  of  1853  said : 

They  sometimes  receive  applications  for  such  passports 
from  citizens  of  other  countries;  but  these  are  not  regularly- 
valid,  and  should  be  granted  only  under  special  circumstances, 
as  may  sometimes  occur  in  the  case  of  foreigners  coming  to 
the  United  States. 

In  July,  1845,  the  Department  printed  a  notice  ' '  for 
the  information  of  citizens  of  the  United  States  about 
to  visit  foreign  countries, ' '  which  said : 

To  prevent  delay  in  obtaining  a  passport,  the  application 
should  be  accompanied  by  such  evidence  as  may  show  the 
applicant  to  be  a  citizen  of  the  United  States  (when  that  fact 
is  not  already  known  to  the  Department  of  State). 

The  first  passport  found  in  the  files  of  the  Depart- 
ment is  dated  July  8,  1796,  and  is  on  a  printed  form 
showing  that  it  was  in  common  use : 

To  all  to  whom  these  presents  shall  come,  Greeting : 

The  Bearer  hereof,  Francis  Maria  Barrere  a  citizen  of  the 
United  States  of  America,  having  occasion  to  pass  into  foreign 
countries  about  his  lawful  affairs,  these  are  to  pray  all  whom 
it  may  concern,  to  permit  the  said  Francis  Maria  Barrere 
(he  demeaning  himself  well  and  peaceably)  to  pass  whereso- 
ever his  lawful  pursuits  may  call  him,  freely  and  without  let 
or  molestation  in  going,  staying  or  returning,  and  to  give  him 
all  friendly  aid  and  protection,  as  these  United  States  would 
do  to  their  citizens  in  the  like  case. 

In  faith  whereof  I  have  caused  the  seal  of  the  Department 
of  State  for  the  said  United  States  to  be  hereunto  affixed. 
Done  at  Philadelphia,  this  eighth  day  of  July  in  the  year 


352  TEE  DEPARTMENT  OF  STATE 

of  our  Lord  1796,  and  of  the  Independence  of  these  states  the 

twenty-first. 

Timothy  Pickering, 

._       '  Secretary  of  State. 

(Gratis) 

Undoubtedly,  such  a  passport  as  the  above  was 
issued  by  the  Secretary  of  State  from  the  beginning 
of  the  government  under  the  Constitution,  as  it  had 
been  by  the  Continental  Congress  and  the  Governors 
or  Presidents  of  the  states  under  the  old  government. 
In  fact,  the  practice  of  state  authorities  issuing  pass- 
ports maintained  until,  by  the  Act  of  August  18,  1856, 
it  was  made  unlawful  for  any  one  but  the  Secretary 
of  State  to  issue  a  passport  in  the  United  States. 
Much  imposition  and  fraud  were  practiced  by  persons 
not  citizens  in  obtaining  American  passports.  The 
condition  of  affairs  in  1835  was  thus  described  by  the 
Supreme  Court: 

There  is  no  law  of  the  United  States  in  any  manner  regu- 
lating the  issuing  of  passports,  or  directing  upon  what 
evidence  it  may  done,  or  declaring  their  legal  effect.  It  is 
understood,  as  a  matter  of  practice,  that  some  evidence  of 
citizenship  is  required  by  the  Secretary  of  State  before 
issuing  a  passport.  This,  however,  is  entirely  discretionary 
with  him. 

The  evidence  required  before  issuance  consisted 
chiefly  of  letters  from  the  applicants  themselves  or 
from  third  persons  known  to  the  Department,  or 
certificates  from  notaries  public  that  the  applicants 
were  citizens  of  the  United  States.  The  Department's 
circular  of  1845  produced  an  improvement  in  the 
character  of  the  applications  for  passports  and  they 


PASSPORTS— A  UTHENTICATIONS  353 

were  often  in  the  form  of  affidavits.  A  circular  issued 
in  1846  required  that  the  application  be  in  the  form 
of  an  affidavit  and  that  it  be  accompanied  by  the 
certificate  of  naturalization  if  the  applicant  was  of 
alien  birth. 

The  twenty-third  section  of  the  Act  of  August  18, 
1856,  making  it  a  penal  offense  for  anybody  in  the 
United  States  except  the  Secretary  of  State  to  issue 
passports  or  documents  in  the  nature  of  passports, 
a  circular  of  instructions  stating  this  fact  was  issued 
by  the  Department  in  August,  1857.  The  requirements 
of  applicants  became  more  and  more  detailed  by  suc- 
cessive circulars,  until  on  September  15,  1896,  they 
were  changed  by  Secretary  Olney  from  General 
Instructions  to  Rules  Governing  Applications  for 
Passports. 

The  Act  of  August  18,  1856,  had,  however,  required 
that  passports  should  be  issued  "under  such  rules  as 
the  President"  should  prescribe.  The  rules  had  never 
been  prescribed  by  the  President,  until  Secretary 
William  E.  Day  sent  the  following  letter  to  the 
President : 

Department  op  State, 

Washington,  May  21,  1898. 
To  the  President: 

I  have  the  honor  to  submit  for  your  approval  certain  Rules 
Governing  the  Granting  and  Issuing  of  Passports  in  the 
United  States.  That  they  should  be  prescribed  by  the 
President  appears,  in  the  opinion  of  this  Department,  to  be 
rendered  necessary  by  the  terms  of  the  Act  of  Congress 
approved  August  18, 1856  (11  Stat.  60;  Rev.  Stats.  Sec.  4075), 
as  follows : 


354  THE  DEPARTMENT  OF  STATE 

"The  Secretary  of  State  may  grant  and  issue  passports, 
and  cause  passports  to  be  granted,  issued  and  verified  in 
foreign  countries  by  such  diplomatic  or  consular  officers  of 
the  United  States,  and  under  such  rules  as  the  President 
shall  designate  and  prescribe  for  and  on  behalf  of  the  United 
States;  and  no  other  person  shall  grant,  issue,  or  verify  any 
such  passport." 

Respectfully  submitted, 

William  R.  Day. 

The  form  of  passport  issued  in  tlie  beginning  had 
undergone  a  change  by  1817,  when  it  was  made  to 
include  a  description  of  the  person  to  whom  it  was 
issued,  and  thereafter  slight  modifications  were  made. 
At  present  it  is  as  follows : 

Good  only  for 
two  years  from  date. 
[arms] 

UNITED  STATES  OF  AMEEICA, 

Department  op  State, 

To  all  to  whom  these  presents  shall  come,  Greeting: 

I,  the  undersigned,  Secretary  of  State  of  the  United  States  of  America, 

hereby   request   all   whom   it   may 
concern     to     permit     Mary     L. 
Description,  Matthews,     a     Citizen     of     the 

Age,  43  Years.  United  States  safely  and  freely 

Stature,  5  Feet,  Sy^,  Inches  Eng.  to  pass,  and  in  case  of  need  to 

Forehead,  fair.  give    her    all    lawful    Aid    and 

Eyes,  grey.  Protection. 

Nose,  small.  Given  under  my  hand  and  the 

Mouth,  small.  [seal]  Seal    of    the    Department    of 

Chin,  round.  State,   at   the   City  of   Wash- 

Hair,  brown.  ington,  the  14th  day  of  April 

Complexion,  fair.  in  the  year  1908,  and  of  the 

Face,  medium.  Independence    of    the    United 

Signature  of  the  Bearer.  States    the    one    hundred    and 

Mary  L.  Matthews.  thirty-second. 

Elihu  Boot. 
No.  49760. 


PASSPORTS— AUTHENTICATIONS  355 

The  special  passport  is  also  a  citizen's  passport,  but 
it  differs  in  form  from  the  ordinary  passport,  in  that 
it  usually  describes  the  official  rank  or  occupation  of 
the  person  to  whom  it  is  issued  and  does  not  describe 
his  person.  He  is  not  required  to  make  formal  appli- 
cation for  it  or  to  produce  proof  of  his  citizenship,  it 
being  presumed  that  the  Department  is  already 
informed  on  this  point.  The  earliest  record  of  a 
special  passport  is  in  1819;  but  it  is  probable  that 
they  were  issued  from  the  beginning  of  the  govern- 
ment. The  form  has  varied  widely;  but  the  request 
for  the  protection  of  the  holder  has  been  the  same  as 
in  the  ordinary  passport.  Following  is  the  form  at 
the  present  time : 

[arms] 
No.  48799. 

(Special  Passport.) 

UNITED  STATES  OF  AMERICA, 

Department  of  State, 

To  all  to  whom  these  presents  shall  come,  Greeting: 

Know  Ye,  that  the  bearer  hereof, 

Charles  Bay  Bean, 

a  citizen  of  the  United  States,  Special  Disbursing  Officer  of  the  Com- 
mission of  the  United  States  to  the  International  Exposition  at  Turin, 
is  about  to  proceed  abroad,  accompanied  by  his  wife. 

These  are  therefore  to  request  all  whom  it  may  concern  to  permit 
him  to  pass  freely  without  let  or  molestation,  and  to  extend  to  him  all 
such  friendly  aid  and  protection,  as  would  be  extended  to  like  Officers 
of  Foreign  Governments  resorting  to  the  United  States. 

In  testimony  whereof,  I,  P.  C.  Knox,  Secretary  of  State  of 

the  United  States  of  America,  have  hereunto  set  my  hand 

and   caused  the   Seal   of  the   Department   of   State  to   be 

[seal]  affixed  at  Washington  this  25th  day  of  April  A.  D.  1911 

and  of  the  Independence  of  the  United  States  of  America, 

the  135th. 

P.  C.  Knox. 


356  THE  DEPARTMENT  OF  STATE 

The  Act  of  March  23,  1888,1  requires  the  Secretary 
of  State  to  collect  a  fee  of  one  dollar  for  every  citizen 's 
passport  issued,  and  the  same  fee  is  required  to  be 
collected  by  American  diplomatic  and  consular  officers 
when  they  issue  passports  abroad.  In  the  early  days 
of  the  Department  no  fee  was  charged.  The  form  of 
passport  issued  in  1796  had  "Gratis"  printed  on  it; 
the  circulars  of  instruction  of  1845,  1846,  and  1857 
stated  that  no  fee  was  charged.  The  Act  of  July  1, 
1862,  "to  provide  internal  revenue  to  support  the 
Government  and  to  pay  interest  on  the  public  debt," 
prescribed  a  fee  of  three  dollars  for  each  passport 
issued  at  home  or  abroad.  By  Act  of  June  30,  1864,2 
the  amount  was  increased  to  five  dollars.  The  fee  was 
abolished  by  Act  of  July  14,  1870,3  restored  to  five 
dollars  by  Act  of  June  20,  1874,4  and  remained  at  that 
amount  until  the  law  now  in  force  was  passed.  The 
amount  collected  from  the  fees  has  never  been  large, 
but  is  sufficient  to  make  the  Bureau  of  Citizenship, 
which  issues  passports,  self-sustaining. 

It  had  not  been  the  custom  to  collect  the  fee  for 
special  passports,  and  the  matter  was  supposed  to  be 
within  the  discretion  of  the  Secretary  of  State.  Special 
passports  differed  in  wording  from  ordinary  pass- 
ports, and  they  were  in  a  measure  complimentary.  But 
in  1894  the  question  was  raised,  whether,  in  view  of 
the  language  of  the  law  requiring  the  collection  of  the 
fee  for  "each  citizen's  passport  issued,"  it  was  per- 

i  25  Stat.,  45. 

2  13  Stat.,  276. 

3  16  Stat.,  267. 

4  18  Stat.,  90. 


PASSPORTS— AUTHENTICATIONS  357 

missible  to  waive  the  fee  in  any  case.  No  decision  was 
reached  at  the  time;  but  the  following  year  it  was 
ruled  by  Secretary  Olney,  verbally  and  informally, 
that  if  the  special  passport  contained  no  statement  of 
the  American  citizenship  of  the  person  to  whom  it  was 
issued  no  fee  need  be  collected.  Of  course,  such  a 
course  made  the  document  hardly  a  passport  at  all, 
and  the  whole  question  was  brought  up  on  review 
before  Secretary  Sherman  in  1897.  The  Solicitor, 
Walter  E.  Faison,  submitted  an  able  memorandum  in 
which  he  said : 

The  special  passport  is  not,  to  my  knowledge,  granted  to 
any  official  or  individual  who  is  not  a  citizen  of  the  United 
States It  is  clear  to  my  mind  that  the  special  pass- 
port is  nothing  but  an  ordinary  passport,  in  which  the 
bearer's  title  of  office  and  dignity  are  substituted  for  the 
ordinary  description  of  a  man.  It  differs  in  no  essential 
particular  from  the  passport  referred  to  in  the  statutes.  It 
is  a  citizen's  passport,  and  I  recommend  the  restoration  to 
the  form  of  the  declaration  that  the  bearer  is  a  citizen  of  the 
United  States. 

Under  date  of  May  1,  1897,  the  Secretary  decided 
that  the  special  passport  should  contain  a  statement 
of  the  American  citizenship  of  the  person  to  whom  it 
was  issued  and  that  the  same  fee  must  be  collected  for 
it  as  for  the  ordinary  passport. 

As  the  holder  of  a  special  passport  is  supposed  to 
enjoy  more  attention  from  foreign  officials  than  the 
holder  of  an  ordinary  passport,  there  was  a  great  deal 
of  importunity  on  the  part  of  travelers  to  obtain  them 
as  long  as  the  Department  was  not  strict  in  limiting 
them  to  public  officials  proceeding  abroad  on  official 


358  TIIE  DEPARTMENT  OF  STATE 

business.  Personal  acquaintances,  not  in  the  public 
service,  of  officers  of  the  Department  and  officers  of 
other  Departments  of  inferior  rank  traveling  for 
pleasure  had  only  to  ask  in  the  proper  quarter  and 
receive  special  passports.  Mr.  Fish,  during  the  eight 
years  of  his  service  as  Secretary  of  State,  issued  only 
thirty-five  special  passports  to  private  individuals,  but 
Mr.  Evarts,  in  four  years,  issued  ninety-six,  and  Mr. 
Blaine,  serving  nine  months,  fifty.  Mr.  Frelinghuysen, 
serving  three  years,  issued  eighty-three ;  Mr.  Bayard, 
in  four  years,  one  hundred  and  fifty-four ;  Mr.  Blaine, 
in  less  than  three  years  of  his  second  incumbency, 
three  hundred  and  ninety-four;  Mr.  Foster,  in  less 
than  a  year,  twenty-nine ;  Mr.  Gresham,  in  two  years, 
one  hundred  and  three;  Mr.  Olney,  in  less  than  two 
years,  twenty-two.  The  rule  adopted  by  Secretary 
Fish  had  been  that  no  officer  of  the  Army  below  the 
jrank  of  Major  should  receive  a  special  passport.  This 
regulation  had  sunk  into  disuse  and  even  military 
cadets  received  special  passports;  but  in  May,  1894, 
an  informal  communication  to  the  Secretary  of  War 
caused  him  to  cease  asking  for  any  special  passports 
for  Army  officers,  unless  they  were  ordered  abroad  on 
public  business.  In  1897  the  question  was  reopened 
by  a  letter  of  Lieutenant-Colonel  Clous  to  the  War 
Department,  which  was  referred  to  the  Secretary  of 
State.    The  following  reply  was  made : 

On  August  19,  1874,  Mr.  Fish,  Secretary  of  State,  in  a 
letter  to  the  Acting  Secretary  of  the  Treasury,  laid  down  the 
following  rule  in  respect  to  special  passports:  "It  is  the 
rule  of  the  Department  to  issue  special  passports  only  to 


PASSPORTS— AUTHENTICATIONS  359 

prominent  officials  about  to  visit  foreign  countries  on  public 
business.  In  the  military  service  of  the  Government  they 
are  given  to  officers  not  below  the  rank  of  Major  in  the  Army 
and  the  relative  rank  in  the  navy."  .... 

During  the  last  Administration  an  effort  was  made  to  check 
the  too  free  issue  of  these  documents,  and  to  revert,  in  so  far 
as  possible  to  the  original  intention  in  regard  to  them 

The  Department  is  now,  however,  in  view  of  the  repre- 
sentations made  in  Lieutenant -Colonel  Clous 's  letter  and  your 
endorsement  thereon,  prepared  to  modify  the  informal  notice 
of  May,  1894,  and  will  hereafter  issue  to  officers  of  the  Army 
special  passports,  depending  upon  your  Department  to  ascer- 
tain before  making  requisition  for  such  passports  that  they 
will  be  put  to  uses  tending  to  increase  the  efficiency  of  the 
military  service  and  will  not  be  used  for  purposes  of  purely 
private  and  personal  convenience.  They  will  be  issued  only 
upon  request  of  your  Department,  and  never  upon  direct 
request  of  Army  Officers. 

The  rule,  then,  had  become  in  some  sort  definitely 
established.  Officers  of  the  government  of  high  rank, 
civil  or  military,  going  abroad  on  public  business  were 
to  receive  special  passports ;  but  the  War  Department 
requested  them  for  military  officers  of  all  ranks  going 
abroad  on  personal  errands  as  well  as  officially. 
Again  the  question  came  before  the  Secretary  of 
State,  and  Mr.  Root  ordered  that  Mr.  Fish's  rule  be 
reverted  to,  and  that  rule  now  maintains.  Occasion- 
ally, however,  the  Secretary  of  State  departs  from  it 
and  furnishes  a  private  citizen  of  great  eminence 
with  a  special  passport.  The  form  of  description  is 
simply, ' '  a  distinguished  citizen  of  the  United  States, ' ' 
or  "one  of  the  most  distinguished  citizens  of  the 
United  States,"  or  some  similar  phrase. 


360 


THE  DEPAh'TMEXT  OF  STATE 


There  is  considerable  variation  in  the  number  of 
citizen's  passports  issued.  Each  one  is  numbered, 
the  number  beginning  with  the  administration  of  a 
new  Secretary  of  State  and  ceasing  with  the  termi- 
nation of  his  office.  Since  June  28,  1810,  they  have 
been  continuously  recorded  and  the  number  issued  by 
each  Secretary  is  as  follows : 


No. 

No. 

Secretaries.                     Passports. 

Secretaries.                     Passports. 

Eobert  Smith 

227 

E.  B.  Washburne 

118 

James  Monroe 

872 

Hamilton  Pish 

29,929 

John  Q.  Adams 

1,204 

William  M.  Evarts     . 

19,886 

Henry  Clay 

1,118 

James  G.  Blaine 

3,931 

Martin  Van  Buren     . 

669 

F.  T.  Frelinghuysen 

14,238 

Ed.  Livingston 

694 

Thomas  F.  Bayard     . 

40,218 

Louis  McLane 

328 

William  F.  Wharton 

2,060 

John  Forsyth 

3,353 

John  W.  Foster 

4,243 

Daniel  Webster 

1,316 

William  F.  Wharton 

175 

Hugh  S.  Legare 

130 

Walter  Q.  Gresham    . 

25,013 

A.  P.  Upshur 

401 

Edward  F.  Uhl 

906 

John  Nelson 

7 

Richard  Olney 

20,400 

John  C.  Calhoun 

981 

John  Sherman 

14,600 

Jas.  Buchanan 

5,377 

William  B.  Day 

5,182 

John  M.  Clayton 

4,528 

Alvey  A.  A  dee 

280 

Daniel  Webster 

5,247 

John  Hay 

108,404 

Edward  Everett 

891 

Francis  B.  Loomis     . 

1,066 

Wm.  L.  Marcy 

12,429 

Elihu  Root 

67,451 

Lewis  Cass 

21,769 

Robert  Bacon 

1,573 

J.  S.  Black 

721 

P.  C.  Knox,  March  5, 1909- 

Wm.  H.  Seward 

40,683 

July  7,  1911  (inclusive) 

57,113 

It  will  be  seen  from  this  table  that  the  largest 
number  of  passports  issued  by  one  Secretary  was 
issued  by  John  Hay.  This  part  of  the  Department's 
business  generally  increases,  but  is  subject  to  fluctua- 
tions produced  by  unusual  conditions.  If  conditions 
in  Europe  are  unduly  disturbed,  a  greater  proportion 
of  Americans  going  abroad  take  out  passports  than 


PASSPORTS— AUTHENTICATIONS  361 

is  the  case  when  foreign  conditions  are  peaceful.  If 
a  foreign  country  which  does  not  ordinarily  require 
people  entering  it  to  have  passports  adopts  a  rule 
requiring  passports,  the  regulation  necessarily  affects 
the  number  of  applications  for  passports.  In  years 
when  the  country  is  prosperous  more  people  go  abroad 
than  in  the  years  of  depression. 

The  latest  rules  for  issuance  follow.  Blank  forms 
of  application  are  provided  by  the  Department, 
embodying  all  the  facts  which  the  rules  require  to  be 
set  forth: 

RULES  GOVERNING  THE   GRANTING  AND  ISSUING  OF 
PASSPORTS  IN  THE   UNITED   STATES. 

1.  By  Whom  Issued  and  Refusal  to  Issue. — No  one  but 
the  Secretary  of  State  may  grant  and  issue  passports  in  the 
United  States  (Revised  Statutes,  Sections  4075,  4078)  and 
he  is  empowered  to  refuse  them  in  his  discretion. 

Passports  are  not  issued  by  American  diplomatic  and  con- 
sular officers  abroad,  except  in  cases  of  emergency;  and  a 
citizen  who  is  abroad  and  desires  to  procure  a  passport  must 
apply  therefor  through  the  nearest  diplomatic  or  consular 
officer  to  the  Secretary  of  State. 

Applications  for  passports  by  persons  in  Porto  Rico  or 
the  Philippines  should  be  made  to  the  Chief  Executives  of 
those  Islands.  The  evidence  required  of  such  applicants  is 
the  same  as  that  required  of  applicants  in  the  United  States. 

2.  Fee.— By  Act  of  Congress  approved  March  23,  1888,  a 
fee  of  one  dollar  is  required  to  be  collected  for  every  citizen's 
passport.  That  amount  in  currency  or  postal  money  order 
should  accompany  each  application  made  by  a  citizen  of  the 
United  States.  Orders  should  be  made  payable  to  the  Dis- 
bursing Clerk  of  the  Department  of  State.  Drafts  or  checks 
will  not  be  accepted. 


362  THE  DEPARTMENT  OF  STATE 

3.  Applications. — A  person  who  is  entitled  to  receive  a 
passport,  if  within  the  United  States,  must  make  a  written 
application,  in  the  form  of  an  affidavit,  to  the  Secretary  of 
State.  The  application  must  be  made  by  the  person  to  whom 
the  passport  is  to  be  issued  and  signed  by  him,  as  it  is  not 
competent  for  one  person  to  apply  for  another. 

The  affidavit  must  be  attested  by  an  officer  authorized  to 
administer  oaths,  and  if  he  has  an  official  seal  it  must  be 
affixed.  If  he  has  no  seal,  his  official  character  must  be 
authenticated  by  certificate  of  the  proper  legal  officer. 

If  the  applicant  signs  by  mark,  two  attesting  witnesses  to 
his  signature  are  required.  The  applicant  is  required  to 
state  the  date  and  place  of  his  birth,  his  occupation,  the 
place  of  his  permanent  residence,  and  within  what  length 
of  time  he  will  return  to  the  United  States  with  the  purpose 
of  residing  and  performing  the  duties  of  citizenship. 

The  applicant  must  take  the  oath  of  allegiance  to  the 
Government  of  the  United  States. 

The  application  must  be  accompanied  by  a  description  of 
the  person  applying,  and  should  state  the  following  particu- 
lars, viz:  Age,  ;  stature,  ,  feet  inches 
(English  measure)  ;  forehead,  ;  eyes,  ;  nose,  ; 
mouth,  ;  chin,  ;  hair,  ;  complexion,  ; 
face 

The  application  must  be  accompanied  by  a  certificate  from 
at  least  one  credible  witness  that  the  applicant  is  the  person 
he  represents  himself  to  be,  and  that  the  facts  stated  in  the 
affidavit  are  true  to  the  best  of  the  witness'  knowledge  and 
belief. 

4.  Native  Citizens. — An  application  containing  the 
information  indicated  by  rule  3  will  be  sufficient  evidence 
in  the  case  of  a  native  citizen ;  but 

A  person  of  the  Chinese  race,  alleging  birth  in  the  United 
States,  must  obtain  from  the  Commissioner  of  Immigration 
or  Chinese  Inspector  in  Charge  at  the  port  through  which  he 
proposes  to  leave  the  country  a  certificate  upon  his  appli- 


PASSPORTS— AUTHENTICATIONS  363 

cation,  under  the  seal  of  such  officer,  showing  that  there  has 
been  granted  to  him  by  the  latter  a  return  certificate  in 
accordance  with  rule  16  of  the  Chinese  Eegulations  of  the 
Department  of  Labor.  For  this  purpose  special  blank  forms 
of  application  for  passports  are  provided. 

Passports  issued  by  the  Department  of  State  or  its  diplo- 
matic or  consular  representatives  are  intended  for  identifi- 
cation and  protection  in  foreign  countries,  and  not  to 
facilitate  entry  into  the  United  States,  immigration  being 
under  the  supervision  of  the  Department  of  Labor. 

5.  A  Person  Born  Abroad  Whose  Father  was  a  Native 
Citizen  of  the  United  States. — In  addition  to  the  state- 
ments required  by  rule  3,  his  application  must  show  that  his 
father  was  born  in  the  United  States,  resided  therein,  and 
was  a  citizen  at  the  time  of  the  applicant's  birth.  The 
Department  may  require  that  this  affidavit  be  supported  by 
that  of  one  other  citizen  acquainted  with  the  facts. 

6.  Naturalized  Citizens. — In  addition  to  the  statements 
required  by  rule  3,  a  naturalized  citizen  must  transmit  his 
certificate  of  naturalization,  or  a  duly  certified  copy  of  the 
court  record  thereof,  with  his  application.  It  will  be 
returned  to  him  after  inspection.  He  must  state  in  his 
affidavit  when  and  from  what  port  he  emigrated  to  this 
country,  what  ship  he  sailed  on,  where  he  has  lived  since  his 
arrival  in  the  United  States,  when  and  before  what  court 
he  was  naturalized,  and  that  he  is  the  identical  person 
described  in  the  certificate  of  naturalization.  The  signature 
to  the  application  should  conform  in  orthography  to  the 
applicant's  name  as  written  in  his  certificate  of  naturali- 
zation, or  an  explanation  of  the  difference  should  be  submitted. 

7.  Woman's  Application. — If  she  is  unmarried,  in  addi- 
tion to  the  statements  required  by  rule  3,  she  should  state 
that  she  has  never  been  married.  If  she  is  the  wife  or  widow 
of  a  native  citizen  of  the  United  States  the  fact  should  be 
made  to  appear  in  her  application,  which  should  be  made 
according  to  the  form  prescribed  for  a  native  citizen  whether 


.76'/  THE  DEPARTMENT  OF  STATE 

she  was  born  in  this  country  or  abroad.  If  she  is  the  wife 
or  widow  of  a  naturalized  citizen,  in  addition  to  the  state- 
ments required  by  rule  3,  she  must  transmit  for  inspection 
her  husband's  certificate  of  naturalization  or  a  certified  copy 
of  the  court  record  thereof,  must  state  that  she  is  the  wife 
(or  widow)  of  the  person  described  therein,  and  must  set 
forth  the  facts  of  his  emigration,  naturalization,  and 
residence,  as  required  in  the  rules  governing  the  application 
of  a  naturalized  citizen. 

(A  married  woman's  citizenship  follows  that  of  her 
husband  so  far  as  her  international  status  is  concerned.  It 
is  essential,  therefore,  that  a  woman's  marital  relations  be 
indicated  in  her  application  for  a  passport,  and  that  in  the 
case  of  a  married  woman  her  husband's  citizenship  be 
established.) 

8.  Tpie  Child  of  a  Naturalized  Citizen  Claiming 
Citizenship  Through  the  Naturalization  of  the  Parent. — 
In  addition  to  the  statements  required  by  rule  3,  the  appli- 
cant must  state  that  he  or  she  is  the  son  or  daughter,  as  the 
case  may  be,  of  the  person  described  in  the  certificate  of 
naturalization,  which  must  be  submitted  for  inspection,  and 
must  set  forth  the  facts  of  emigration,  naturalization,  and 
residence,  as  required  in  the  rule  governing  the  application 
of  a  naturalized  citizen. 

9.  A  Resident  of  an  Insular  Possession  of  the  United 
States  Who  Owes  Allegiance  to  the  United  States. — 
In  addition  to  the  statements  required  by  rule  3,  he  must 
state  that  he  owes  allegiance  to  the  United  States  and  that 
he  does  not  acknowledge  allegiance  to  any  other  govern- 
ment; and  must  submit  affidavits  from  at  least  two  credible 
witnesses  having  good  means  of  knowledge  in  substantiation 
of  his  statements  of  birth,  residence  and  loyalty. 

10.  Expiration  of  Passport. — A  passport  expires  two 
years  from  the  date  of  its  issuance.  A  new  one  will  be  issued 
upon  a  new  application,  and,  if  the  applicant  be  a  naturalized 
citizen,  the  old  passport  will  be  accepted  in  lieu  of  a  certificate 


PASSPORTS— AUTHENTICATIONS  365 

of  naturalization,  if  the  application  upon  which  it  was  issued 
is  found  to  contain  sufficient  information  as  to  the  naturali- 
zation of  the  applicant.  Passports  are  not  renewed  by  the 
Department,  but  a  person  abroad  holding  a  passport  issued 
by  the  Department  may  have  it  renewed  for  a  period  of  two 
years  upon  presenting  it  to  a  diplomatic  or  principal  consular 
officer  of  the  United  States  when  it  is  about  to  expire. 

11.  Wife,  Minor  Children,  and  Servants. — "When  the 
applicant  is  accompanied  by  his  wife,  minor  children,  or 
servant  who  would  be  entitled  to  receive  a  passport,  it  will 
be  sufficient  to  state  the  fact,  giving  the  respective  ages  of 
the  children  and  the  allegiance  of  the  servant,  when  one 
passport  will  suffice  for  all.  For  any  other  person  in  the 
party  a  separate  passport  will  be  required.  A  woman 's  pass- 
port may  include  her  minor  children  and  servant  under  the 
above-named  conditions. 

(The  term  servant  does  not  include  a  governess,  tutor, 
pupil,  companion,  or  person  holding  like  relations  to  the 
applicant  for  a  passport.) 

12.  Titles. — Professional  and  other  titles  will  not  be 
inserted  in  passports. 

13.  Blank  Forms  of  Application. — They  will  be  fur- 
nished by  the  Department  to  persons  who  desire  to  apply 
for  passports,  but  are  not  furnished,  except  as  samples,  to 
those  who  make  a  business  of  procuring  passports. 

14.  Address. — Communications  should  be  addressed  to 
the  Department  of  State,  Bureau  of  Citizenship,  and  each 
communication  should  give  the  post-office  address  of  the 
person  to  whom  the  answer  is  to  be  directed. 

Section  4075  of  the  Revised  Statutes  of  the  United 
States,  as  amended  by  the  Act  of  Congress  approved  June 
14,  1902,  provides  that  "the  Secretary  of  State  may  grant 
and  issue  passports,  and  cause  passports  to  be  granted,  issued 
and  verified  in  foreign  countries  by  such  diplomatic  or  con- 
sular officers  of  the  United  States,  and  by  such  chief  or  other 
executive   officer   of   the   insular   possessions   of   the   United 


366  THE  DEPARTMENT  OF  STATE 

States,  and  under  such  rules  as  the  President  shall  designate 
and  prescribe  for  and  on  behalf  of  the  United  States."  The 
foregoing  rules  are  accordingly  prescribed  for  the  granting 
and  issuing  of  passports  in  the  United  States. 

The  Secretary  of  State  is  authorized  to  make  regulations 
on  the  subject  of  issuing  and  granting  passports  additional 
to  these  rules  and  not  inconsistent  with  them. 

Woodrow  Wilson 

The  White  House, 
March  10,  1913. 

Note. — An  applicant  who  expects  to  go  to  Russia  accom- 
panied by  wife  and  children  should  inform  the  Department 
to  that  effect  and  state  the  names  of  the  wife  and  children  so 
that  they  may  be  inserted  in  the  passport,  to  conform  with 
the  Russian  regulations. 

We  pass  now  to  a  consideration  of  those  passports 
which  are  intended  for  persons  who  are  not  citizens 
of  the  United  States. 

On  June  6,  1906,  the  Committee  on  Foreign  Affairs 
of  the  House  of  Representatives,  through  Hon.  James 
Breck  Perkins,  reported : 

It  is  the  opinion  of  the  committee  that  legislation  is 
required  to  settle  some  of  the  embarrassing  questions  that 
arise  in  reference  to  citizenship,  expatriation,  and  the  pro- 
tection of  Americans  abroad We  should  be  glad  if 

the  Secretary  of  State  would  select  some  of  the  gentlemen 
connected  with  the  State  Department  who  have  given  special 
attention  to  these  subjects,  have  them  prepare  a  report  and 
propose  legislation  that  could  be  considered  by  Congress  at 

the  next  session If  a  bill  remedying  such  evils  as  may 

exist  is  submitted  at  the  beginning  of  the  next  session  it  shall 
have  the  careful  attention  of  this  committee,  and  if  its  con- 


PASSPORTS— AUTHENTICATIONS  367 

tents  are  approved  we  will  make  every  endeavor  to  have  it 
promptly  enacted  into  law.1 

This  proposal  came  in  place  of  a  favorable  report 
on  the  joint  resolution  which  had  passed  the  Senate 
April  13,  1906,  providing  for  the  appointment  of  a 
commission  of  persons,  not  all  in  the  Department,  to 
examine  into  the  subjects  of  citizenship,  expatriation, 
and  protection  abroad  and  make  recommendations  for 
legislation  if  deemed  advisable.  Acting  on  the  sug- 
gestion of  the  committee,  Secretary  Elihu  Root 
appointed  James  Brown  Scott,  then  the  Solicitor  of 
the  Department,  David  Jayne  Hill,  then  Minister  of 
the  United  States  to  the  Netherlands,  and  Gaillard 
Hunt,  then  Chief  of  the  Passport  Bureau,  a  board  "to 
enquire  into  the  laws  and  practice  regarding  citizen- 
ship of  the  United  States,  expatriation  and  protection 
abroad  and  report  recommendations  for  legislation." 
Samuel  B.  Crandall,  Ph.D.,  then  a  clerk  in  the  Library 
of  the  Department,  was  detailed  as  Secretary  of  the 
Board.  The  result  of  the  Board's  labors  was  a  report 
sent  to  the  Speaker  of  the  House  of  Representatives 
December  18,  1906,  and  printed  by  order  of  Congress,2 
a  volume  538  pages  in  length,  the  contents  being  the 
Board's  recommendations  and  discussion  and  appen- 
dices giving  judicial  decisions  on  citizenship,  texts  of 
laws,  tables  of  cases  and  laws  of  foreign  countries,  the 
whole  constituting  the  most  comprehensive  compila- 
tion on  the  subject  of  nationality  ever  published. 

One  of  the  recommendations  of  the  Board  was 

i  Eept.  No.  4784,  59th  Cong.,  1st  Sess. 

2  House  Doc.  No.  326,  59th  Cong.,  2d  Sess. 


368  TIIE  DEPARTMENT  OF  STATE 

That  the  protection  of  this  government  be  accorded  to  those 
who  have  made  the  declaration  of  intention  to  become  citizens 
of  the  United  Statee  and  who  go  abroad  for  brief  sojourn,  but 
that  such  protection  should  not  be  effective  in  the  country 
of  their  origin  and  should  not  extend  to  those  who  have 
resided  in  the  United  States  for  a  less  period  than  three  years. 

Following  this  recommendation  the  Act  of  March 
2,  1907,  was  passed,  providing  that  qualified  passports 
might  be  issued  to  persons  who  have  made  the  declara- 
tion of  intention  to  become  citizens  of  the  United 
States  under  such  rules  as  the  Secretary  of  State 
might  prescribe. 

The  rules  adopted  by  the  Secretary  of  State  are : 

EULES  GOVEENING  THE  GEANTING  AND  ISSUING  OF  PASS- 
POETS  TO  THOSE  WHO  HAVE  DECLAEED  THEIE  INTEN- 
TION TO  BECOME  CITIZENS  OF  THE  UNITED  STATES. 

1.  The  first  section  of  the  act  approved  March  2,  1907, 
"in  reference  to  the  expatriation  of  citizens  and  their 
protection  abroad,"  provides  "That  the  Secretary  of  State 
shall  be  authorized,  in  his  discretion,  to  issue  passports  to 
persons  not  citizens  of  the  United  States  as  follows:  Where 
any  person  has  made  a  declaration  of  intention  to  become 
such  a  citizen  as  provided  by  law  and  has  resided  in  the 
United  States  for  three  years,  a  passport  may  be  issued  to 
him  entitling  him  to  the  protection  of  the  Government  in  any 
foreign  country:  Provided,  That  such  passport  shall  not  be 
valid  for  more  than  six  months  and  shall  not  be  renewed,  and 
that  such  passport  shall  not  entitle  the  holder  to  the  protection 
of  this  Government  in  the  country  of  which  he  was  a  citizen 
prior  to  making  such  declaration  of  intention. ' ' 

2.  This  section  is  not  intended  to  confer  upon  persons 
who  have  only  declared  their  intention  to  become  citizens  a 
general  right  to  receive  passports  upon  application.     Such 


PASSPORTS— AUTHENTICATIONS  369 

passports  will  be  issued  only  when  it  is  affirmatively  shown 
to  the  Secretary  of  State  that  some  special  exigency  requires 
the  temporary  absence  of  the  applicant  from  the  United 
States,  and  that  without  such  absence  the  applicant  would 
be  subjected  to  special  hardship  or  injury. 

3.  Such  passports  will  not  be  issued  to  those  who  have 
made  the  declaration  of  intention  and  who  have  failed, 
through  their  own  neglect,  to  complete  their  intention  and 
secure  naturalization  as  citizens  of  the  United  States;  nor  to 
those  who  may  make  the  declaration  of  intention  in  order  to 
secure  passports  and  leave  the  United  States,  nor  shall  more 
than  one  such  passport  he  issued  to  any  applicant. 

4.  It  is  therefore  ordered  that  before  a  passport  shall  be 
issued  to  anyone  who  has  made  the  declaration  of  intention 
to  become  a  citizen  of  the  United  States  the  following  facts 
shall  he  established  to  the  satisfaction  of  the  Secretary  of 
State: 

(a)  That  the  applicant  has  resided  in  the  United  States 
for  at  least  three  years,  as  provided  by  law. 

(h)  That  he  is  not  yet  eligible  under  the  law  for  making 
application  for  final  naturalization. 

(c)  That  at  least  six  months  have  elapsed  since  the 
applicant's  declaration  of  intention. 

(d)  That  the  applicant  has  not  previously  applied  for 
and  obtained  a  similar  passport  from  this  Department. 

(e)  That  a  special  and  imperative  exigency  exists  requir- 
ing the  absence  of  the  applicant  from  the  United  States.  The 
burden  of  proof  will,  in  each  ease,  be  upon  the  applicant  to 
show  to  the  satisfaction  of  the  Secretary  of  State  that  there 
is  a  necessity  for  his  absence. 

(/)  That  the  applicant  has  not  applied  for  or  obtained 
a  passport  from  any  other  government  since  he  declared  his 
intention  to  become  a  citizen  of  the  United  States. 

5.  Applications  must  be  made  in  the  form  of  an  affidavit 
to  the  Secretary  of  State.  Blank  forms  of  application  are 
not  furnished  by  the  Department. 


370  TEE  DEPARTMENT  OF  STATE 

6.  The  affidavit  must  be  attested  by  an  officer  authorized 
to  administer  oaths,  and  if  he  has  an  official  seal  it  must  be 
affixed.  If  he  has  no  seal  his  official  character  must  be 
authenticated  by  certificate  of  the  proper  legal  officer. 

7.  If  the  applicant  signs  by  mark  two  attesting  witnesses 
to  his  signature  are  required. 

8.  The  applicant  is  required  to  state  the  date  and  place 
of  his  birth,  the  date  of  his  emigration  to  this  country,  his 
occupation  and  the  place  of  his  permanent  residence,  the 
name  of  the  court  before  which  he  declared  his  intention  to 
become  a  citizen  of  the  United  States  and  the  date  of  the 
declaration,  where  he  intends  to  travel,  how  long  he  expects 
to  remain  in  each  foreign  country,  for  what  purpose  he  is 
proceeding  abroad,  the  circumstances  which  make  his  absence 
necessary,  that  he  intends  to  return  to  the  United  States,  and 
the  probable  duration  of  his  absence  therefrom.  No  fee  is 
prescribed  by  law  for  the  issuance  of  a  declarant's  passport. 

9.  //  any  previous  application  for  a  similar  passport  has 
been  denied  by  the  Department,  this  fact  must  be  stated  by 
the  applicant. 

The  application  must  be  accompanied  by  a  description  of 
the  person  applying  and  should  state  the  following  particu- 
lars, namely:  Age,  ;  stature,  feet  inches 
(English  measure)  ;  forehead,  ;  eyes,  ;  nose,  ; 
mouth,  ;  chin,  ;  hair,  ;  complexion,  ; 
face, 

The  application  must  be  accompanied  by  the  certificate  of 
the  applicant's  declaration  of  intention  and  two  supporting 
affidavits  from  citizens  of  the  United  States  who  shall  state 
that  the  applicant  is  the  person  he  represents  himself  to  be, 
how  long  they  have  known  him,  and  that  the  facts  stated  in 
his  affidavit  are  true  to  the  best  of  their  knowledge  and  belief. 

A  passport  may  be  granted  to  a  declarant  under  the 
statutory  provision  quoted  above  for  purposes  of  identifica- 
tion and  protection  in  foreign  countries,  other  than  his 
country  of  origin,  but  not  for  the  purpose   of  facilitating 


PASSPORTS— AUTHENTICATIONS  371 

re-entry  into  this  country.  All  matters  relating  to  immi- 
gration being  under  the  supervision  of  the  Department  of 
Labor,  any  inquiries  concerning  the  right  to  re-enter  the 
United  States  should  be  addressed  to  that  Department. 

W.  J.  Bryan. 
Department  of  State, 

Washington,  November  14,  1913. 

The  form  of  the  passport  is : 

[seal] 


No. 


UNITED  STATES  OF  AMERICA, 

Department  of  State, 

To  all  to  whom  these  presents  shall  come,  Greeting: 

I,  the  undersigned,  Secretary  of  State  of  the  United  States  of 
America,  hereby  request  all  whom  it  may  concern  to  permit 


a  native  of 

who    has    resided    in    the    United 
Description,  States    for    three    years,    and    has 

Age Years declared   his    intention   to    become 

Stature   .  . .   Ft.   ...   In.   ...   Eng.       a  citizen  of  the  United  States,  as 

Forehead     provided  by  law,  safely  and  freely 

Eyes     to   pass,   and  in   case   of   need   to 

Nose     give all  lawful  aid  and 

Mouth    protection. 

Chin    This  passport  is  not  valid  in 

Hair     It  expires    

Complexion   19         ,    and    is    not    subject    to 

Face     renewal. 

Given  under  my  hand  and  the 
Seal  of  the  Department  of  State, 
at    the    City    of    Washington,    the 

....  day  of   

190     ,  and  of  the  Independence  of 
the  United  States  the  one  hundred 

and 

Signature  of  the  Bearer: 


372  TEE  DEPARTMENT  OF  STATE 

There  had  been  a  few  instances  of  the  issuing  of 
passports  to  those  who  had  made  the  declaration  of 
intention  before  this  law  was  passed.  One  is  found 
dated  March  15,  1825,  issued  by  Henry  Clay;  but  it 
was  irregular.  The  rule  was  correctly  stated  by 
Secretary  William  L.  Marcy,  in  an  instruction  of 
January  10,  1854,  to  the  American  Charge  at  Vienna : 

It  is  true  he  left  this  country  with  a  passport  issued  from 
this  Department;  but  as  he  was  neither  a  native  born  nor 
naturalized  citizen  he  was  not  entitled  to  it.  It  is  only  to 
citizens  that  passports  are  issued.1 

During  the  Civil  War,  however,  there  was  a  brief 
period  when  declarants  were  entitled  to  receive  pass- 
ports. The  Act  of  March  3,  1863,  "for  enrolling  and 
calling  out  the  national  forces"  included  as  liable  to 
military  duty  "all  able-bodied  male  citizens  of  the 
United  States,  and  persons  of  foreign  birth  who  shall 
have  declared  on  oath  their  intention  to  become 
citizens  under  and  in  pursuance  of  the  laws  thereof. '  '2 
The  government  having  called  upon  those  who  had 
taken  the  first  steps  to  become  American  citizens  to 
protect  it,  acknowledged  the  reciprocal  obligation  to 
protect  them  by  enacting  on  the  same  date  that  the 
law  prohibiting  the  issuance  of  passports  to  those  not 
citizens  of  the  United  States  should  not  apply  to 
persons  liable  to  military  duty.3  The  act  was  repealed 
May  30,   1866.4     Only  a  few  passports  were  issued 

i  Lawrence,  Wheaton,  Ed.  1863,  p.  929. 
2  12  Stat.,  731. 
s  12  Stat.,  754. 

*  14  Stat,  54. 


PASSPORTS— AUTHENTICATIONS  373 


under  it.  The  form  used  was  the  same  as  that  of  the 
regular  passport,  except  that  the  blank  space  for  the 
name  had  these  words  added,  "who  is  lawfully  liable 
to  military  duty  in  this  country  and  who  has  declared 
his  intention  to  become  a  citizen  of  the  United  States." 
The  result  of  the  war  with  Spain  brought  a  new 
feature  into  the  subject  of  protection  of  Americans 
abroad  by  erecting  a  new  class  of  persons  not  citizens 
of  the  United  States  and  yet  clearly  entitled  to  receive 
the  protection  of  this  government,  because,  as  a  result 
of  the  annexation  of  territory,  they  owed  it  allegiance 
and  were  not  citizens  of  any  other  country.  As  long 
as  the  question  of  their  citizenship  was  pending  before 
the  federal  courts,  the  Department  did  not  issue  pass- 
ports to  them,  as  to  do  so  would  have  been  tantamount 
to  an  expression  of  opinion  on  the  Department's  part 
that  they  were  citizens  of  the  United  States.  It  did, 
however,  extend  its  protection  to  certain  residents  of 
the  insular  possessions  who  applied  for  it.  The 
Supreme  Court  having  decided  that  they  were  not 
citizens  of  the  United  States,  the  Department  asked 
Congress  for  an  amendment  to  the  passport  laws 
which  would  permit  passports  to  be  issued  to  them 
and  also  permit  the  chief  executives  of  the  insular 
possessions  to  issue  passports  under  the  same  regula- 
tions as  apply  to  their  issuance  by  diplomatic  and 
consular  officers,  and  the  Act  of  June  14,  1902,  gave 
such  authority.    The  form  of  passport  is  as  follows : 


374 


THE  DEPARTMENT  OF  STATE 


Good  only  for 

two  years  from  date. 


[arms] 


UNITED  STATES  OF  AMERICA, 

Island  of  Porto  Rico, 

To  all  to  whom  these  presents  shall  come,  Greeting: 

I,  the  undersigned,  Governor  of  Porto  Rico, 

hereby  request  all  whom  it  may  concern  to  permit 
Conrado  Palau  y  Diaz 
a  Citizen  of  Porto  Rico, 
owing  allegiance  to  the  United 
States,  xvith  his  wife  and  children 
safely  and  freely  to  pass,  and  in 
case  of  need  to  give  them  all  law- 
ful Aid  and  Protection. 

Given  under  my  hand  and  the 


Description, 
Age,  43  years. 

Stature,  5  Feet,  8y±  Inches  Eng. 
Forehead,  high. 
Eyes,  brown. 
Nose,  regular. 
Mouth,  regular. 
Chin,  round. 

Hair,  black.  [seal] 

Complexion,  light. 
Face,  regular. 


Seal    of    Porto    Rico,    at    the 

City  of  San  Juan, 
the  18th  day  of  May  in  the 
year  1905,  and  of  the  Inde- 
pendence of  the  United 
States  the  one  hundred  and 
thirty -second. 

W.  F.  Willoughby. 


Signature  of  the  Bearer, 

C.  Palau. 
By  the  Acting  Governor, 
D.  A.  Skinner, 

Acting  Secretary  of  Porto  Rico. 
No.  280. 


This  passport  is  issued  under  the  following  rules : 

RULES  GOVERNING  THE  GRANTING  AND  ISSUING  OF  PASS- 
PORTS IN  THE  INSULAR  POSSESSIONS  OF  THE  UNITED 
STATES. 

Section  4075  of  the  Revised  Statutes  of  the  United  States, 
as  amended  by  the  act  of  Congress,  approved  June  14,  1902, 
providing  that  "the  Secretary  of  State  may  grant  and  issue 
passports,   and   cause   passports   to   he   granted,   issued   and 


PASSPORTS— AUTHENTICATIONS  375 

verified  in  foreign  countries  by  such  diplomatic  or  consular 
officers  of  the  United  States,  and  by  such  chief  or  other 
executive  officer  of  the  insular  possessions  of  the  United 
States,  and  under  such  rules  as  the  President  shall  designate 
and  prescribe  for  and  on  behalf  of  the  United  States",  the 
following  rules  are  hereby  prescribed  for  the  granting  and 
issuing  of  passports  in  the  insular  possessions  of  the  United 
States : 

1.  By  Whom  Issued. — Application  for  a  passport  by  a 
person  in  one  of  the  insular  possessions  of  the  United  States 
should  be  made  to  the  Chief  Executive  of  such  possession. 

A  person  who  is  entitled  to  receive  a  passport  if  temporarily 
abroad  should  apply  to  the  diplomatic  representative  of  the 
United  States  in  the  country  where  he  happens  to  be;  or,  in 
the  absence  of  a  diplomatic  representative,  to  the  consul- 
general  of  the  United  States;  or,  in  the  absence  of  both,  to 
the  consul  of  the  United  States.  The  necessary  statements 
may  be  made  before  the  nearest  consular  officer  of  the  United 
States. 

2.  To  Whom  Issued. — The  law  forbids  the  granting  of 
a  passport  to  any  person  who  does  not  owe  allegiance  to  the 
United  States. 

A  person  who  has  only  made  the  declaration  of  intention 
to  become  a  citizen  of  the  United  States  can  not  receive  a 
passport. 

3.  Applications. — A  person  who  is  entitled  to  receive  a 
passport  must  make  a  written  application  in  the  form  of  an 
affidavit. 

The  affidavit  must  be  attested  by  an  officer  authorized  to 
administer  oaths,  and  if  he  has  an  official  seal  it  must  be 
affixed.  If  he  has  no  seal,  his  official  character  must  be 
authenticated  by  certificate  of  the  proper  legal  officer. 

If  the  applicant  signs  by  mark,  two  attesting  witnesses  to 
his  signature  are  required. 

The  applicant  is  required  to  state  the  date  and  place  of 
his  birth,  his  occupation,   and  the  place  of  his  permanent 


376  THE  DEPARTMENT  OF  STATE 

residence,  and  to  declare  that  he  goes  abroad  for  temporary 
sojourn  and  intends  to  return  to  the  United  States  or  one 
of  the  insular  possessions  of  the  United  States  with  the  pur- 
pose of  residing  and  performing  the  duties  of  citizenship 
therein. 

The  applicant  must  take  the  oath  of  allegiance  to  the 
Government  of  the  United  States. 

The  application  must  be  accompanied  by  a  description  of 
the  person  applying,  and  should  state  the  following  particu- 
lars, viz:  Age,  ;  stature,  feet  inches  (English 
measure)  ;  forehead,  ;  eyes,  ;  nose,  ;  mouth  ; 
chin,           ;  hair,           ;  complexion,           ;  face, 

The  application  must  be  accompanied  by  a  certificate  from 
at  least  one  credible  witness  that  the  applicant  is  the  person 
he  represents  himself  to  be,  and  that  the  facts  stated  in  the 
affidavit  are  true  to  the  best  of  the  witness's  knowledge  and 
belief. 

4.  Native  Citizens  of  the  United  States. — An  applica- 
tion containing  the  information  indicated  by  rule  3  will  be 
sufficient  evidence  in  the  case  of  native  citizens  of  the  United 
States. 

5.  A  Person  Born  Abroad  "Whose  Father  was  a  Native 
Citizen  of  the  United  States. — In  addition  to  the  state- 
ments required  by  rule  3,  his  application  must  show  that  his 
father  was  born  in  the  United  States,  resided  therein,  and 
was  a  citizen  at  the  time  of  the  applicant's  birth.  The  Depart- 
ment may  require  that  this  affidavit  be  supported  by  that  of 
one  other  citizen  acquainted  with  the  facts. 

6.  Naturalized  Citizens. — In  addition  to  the  statements 
required  by  rule  3,  a  naturalized  citizen  must  transmit  his 
certificate  of  naturalization,  or  a  duly  certified  copy  of  the 
court  record  thereof,  with  his  application.  It  will  be  returned 
to  him  after  inspection.  He  must  state  in  his  affidavit  when 
and  from  what  port  he  emigrated  to  this  country,  what  ship 
he  sailed  in,  where  he  has  lived  since  his  arrival  in  the  United 
States,  when  and  before  what  court  he  was  naturalized,  and 


PASSPORTS— AUTHENTICATIONS  377 

that  he  is  the  identical  person  described  in  the  certificate  of 
naturalization.  The  signature  to  the  application  should  con- 
form in  orthography  to  the  applicant's  name  as  written  in 
his  certificate  of  naturalization. 

7.  Woman's  Application. — If  she  is  unmarried,  in  addi- 
tion to  the  statements  required  by  rule  3,  she  should  state 
that  she  has  never  been  married.  If  she  is  the  wife  of  a 
native  citizen  of  the  United  States  the  fact  should  be  made 
to  appear  in  her  application.  If  she  is  the  wife  or  widow 
of  a  naturalized  citizen,  in  addition  to  the  statements  required 
by  rule  3,  she  must  transmit  for  inspection  her  husband's 
certificate  of  naturalization,  must  state  that  she  is  the  wife 
(or  widow)  of  the  person  described  therein,  and  must  set 
forth  the  facts  of  his  emigration,  naturalization,  and  resi- 
dence, as  required  in  the  rule  governing  the  application  of 
a  naturalized  citizen. 

8.  The  Child  of  a  Naturalized  Citizen  Claiming 
Citizenship  Through  the  Naturalization  of  the  Parent. — 
In  addition  to  the  statements  required  by  rule  3,  the  applicant 
must  state  that  he  or  she  is  the  son  or  daughter,  as  the  case 
may  be,  of  the  person  described  in  the  certificate  of  naturali- 
zation, which  must  be  submitted  for  inspection,  and  must 
set  forth  the  facts  of  emigration,  naturalization,  and  resi- 
dence, as  required  in  the  rule  governing  the  application  of 
a  naturalized  citizen. 

9.  A  Resident  of  an  Insular  Possession  of  the  United 
States  Who  Owes  Alleglince  to  the  United  States. — In 
addition  to  the  statements  required  by  rule  3,  he  must  state 
that  he  owes  allegiance  to  the  United  States  and  that  he  does 
not  acknowledge  allegiance  to  any  other  government;  and 
must  submit  an  affidavit  from  at  least  two  credible  witnesses 
having  good  means  of  knowledge  in  substantiation  of  his 
statements  of  birth,  residence,  and  loyalty. 

10.  Expiration  of  Passport. — A  passport  expires  two 
years  from  the  date  of  its  issuance.  A  new  one  will  be  issued 
upon  a  new  application,  and,  if  the  applicant  be  a  naturalized 


378  THE  DEPARTMENT  OF  STATE 

citizen,  the  old  passport  will  be  accepted  in  lieu  of  a  certificate 
of  naturalization,  if  the  application  upon  which  it  was 
issued  is  found  to  contain  sufficient  information  as  to  the 
naturalization  of  the  applicant. 

11.  Wife,  Minor  Children,  and  Servants. — When  the 
applicant  is  accompanied  by  his  wife,  minor  children,  or 
servant  who  would  be  entitled  to  receive  a  passport,  it  will 
be  sufficient  to  state  the  fact,  giving  the  respective  ages  of 
the  children  and  the  allegiance  of  the  servant,  when  one  pass- 
port will  suffice  for  all.  For  any  other  person  in  the  party  a 
separate  passport  will  be  required.  A  woman 's  passport  may 
include  her  minor  children  and  servant  under  the  above 
named  conditions. 

12.  Professional  Titles. — They  will  not  be  inserted  in 
passports. 

13.  Rejection  of  Application. — The  Chief  Executive 
Officers  of  the  insular  possessions  of  the  United  States  are 
authorized  to  refuse  to  issue  a  passport  to  anyone  who  there 
is  reason  to  believe  desires  it  for  an  unlawful  or  improper 
purpose,  or  who  is  unable  or  unwilling  to  comply  with  the 
rules. 

Theodore  Roosevelt. 
Oyster  Bat,  New  York,  July  19,  1902. 

The  passport  issued  by  the  Department  to  foreign- 
ers traveling  in  the  United  States  is  in  a  class  by 
itself.  It  is  the  safe-conduct,  formerly  issued  fre- 
quently, and  is  the  document  usually  described  in 
works  on  international  law  as  a  passport.  So  far  as 
this  country  is  concerned,  it  is  useless  in  time  of  peace 
and  is  rarely  issued.  One  issued  by  John  Quincy 
Adams,  October  23,  1824,  to  the  Argentine  Minister, 
who  was  about  to  go  home  on  leave,  was  worded : 

Whereas  General  Charles  d'Albeer,  Minister  Plenipoten- 
tiary  from   the   Republic   of   Buenos   Ayres   to   the   United 


PASSPORTS— AUTHENTICATIONS  379 

States,  has  made  known  to  this  Government,  that  he  is  soon 
to  return  to  Buenos  Ayres  upon  a  leave  of  absence,  These 
are  therefore  to  request  all  Persons,  Citizens  of  the  United 
States,  especially  officers  Naval  or  Military,  of  the  same  to 
permit  him  safely  and  freely  to  pass,  etc. 

The  form  now  used  is : 

Know  ye,  that  the  bearer  hereof  [full  name  and  title]  is 
about  to  travel  abroad. 

These  are  therefore  to  request  all  officers  of  the  United 
States,  or  of  any  state  thereof  to  permit  him  to  pass  freely, 
without  let  or  molestation,  and  to  extend  to  him  all  friendly 
aid  and  protection  in  case  of  need. 

Foreign  ministers  in  the  United  States  used  to  apply 
for  these  passports  occasionally;  now  they  do  so  very 
seldom,  the  Department  issuing  hardly  more  than  one 
in  a  year.  This  is  the  form  of  passport  which  is  given 
by  the  government  to  a  foreign  minister  when  it 
refuses  to  recognize  him  any  longer — when  he  is 
"given  his  passports,"  as  the  phrase  is.  It  is  the 
form  which  would  be  given  a  foreign  minister  if  he 
should  break  off  his  friendly  residence  near  this 
government  and  "demand  his  passports,"  as  the 
phrase  is. 

Useless  in  time  of  peace,  safe-conducts  have  been 
invoked  in  time  of  war  as  necessary.  They  were 
not  used  extensively  during  wars  previous  to  the 
Civil  War,  but  during  that  conflict  they  were  used 
frequently.    They  were  addressed 

To  all  to  whom  these  presents  shall  come,  Greeting : 

And  in  particular  the  Military  and  Civil  Authorities  of 
the  United  States. 


380  THE  DEPARTMENT  OF  STATE 

Passports  from  foreigners  entering  the  United 
States  have  never  been  required  under  our  law  except 
in  time  of  war.  The  practice  is  irregular  and  governed 
by  the  exigencies.  On  August  19,  1861,  an  order  was 
issued  by  Secretary  Seward  that  "no  one  be  allowed 
to  go  abroad  from  a  port  of  the  United  States  without 
a  passport  nor  to  land  without  one."  The  safe-con- 
ducts and  passports  issued  by  the  Secretary  were 
recorded  in  the  usual  way;  but  many  safe-conducts 
were  issued  by  the  military  authorities. 

As  all  regular  passports  issued  in  the  United  States 
are  signed  with  the  Secretary  of  State's  name,  the 
physical  labor  of  signing  has  presented  a  serious 
problem,  which  has  been  avoided  in  most  cases 
by  the  use  of  a  rubber  or  metal  stamp  made  in 
facsimile  of  the  Secretary's  signature.  When  Secre- 
tary Root  assumed  charge  of  the  Department  he 
ordered  the  discontinuance  of  the  use  of  the  stamp. 
A  memorandum  of  October  25, 1905,  from  the  Passport 
Bureau  said: 

Passports  are  more  valuable  if  signed  by  the  pen  than  if 
signed  by  the  stamp.  We  received  information  in  1899  from 
our  (then)  Legation  at  Vienna  that  the  Austro-Hungarian 
Government  often  required  statements  from  our  diplomatic 
and  consular  agents  to  show  that  our  passports  were  the 
documents  they  purported  to  be,  and  in  South  American 
countries  the  authorities  frequently  require  authentication  of 
the  signature  of  the  Secretary  on  the  passports.  The  practice 
heretofore  has  not  been  uniform  in  respect  to  the  use  of  the 
stamped  signature  on  passports.  Thus,  Mr.  Fish  signed  his 
name ;  Mr.  Evarts  used  the  stamp ;  so  did  Mr.  Blaine  and 
Mr.  Frelinghuysen,  but  Mr.  Bayard  used  the  pen ;  Mr.  Blaine 


PASSPORTS— AUTHENTICATIONS  381 

again  used  the  stamp ;  so  did  Mr.  Foster,  Mr.  Greshain,  Mr. 
Olney,  Mr.  Sherman,  Mr.  Day  and  Mr.  Hay.  The  Question 
was  brought  before  Mr.  Hay,  but  he  refused  to  change  the 
existing  practice.  If  the  Secretary  signs  the  passports  he 
will  have  to  sign  about  16,000  a  year,  and,  in  the  spring  of 
the  year,  from  90  to  150  a  day. 

The  difficulty  was  finally  solved  by  having  the 
facsimile  of  the  Secretary's  signature  engraved  on 
the  passport  plate. 

With  reference  to  authority  for  issuing  passports, 
Secretary  Boot  prescribed  the  method  of  issuance : 

Department  of  State, 

Washington,  January  3,  1906. 

The  following  rule  is  established  for  the  issue  of  passports : 

Upon  the  coming  in  of  applications  for  passports  the  Chief 
of  the  Passport  Bureau  will,  as  heretofore,  examine  the  evi- 
dence in  support  of  each  application.  He  will  certify  each 
day  to  the  Secretary  of  State  a  list  of  the  applicants  whose 
citizenship  and  right  to  receive  passports  he  finds  to  be 
established  by  such  evidence. 

The  approval  of  the  Secretary  or  Acting  Secretary  upon 
such  list  will  be  authority  to  the  Chief  of  the  Passport  Bureau 
to  affix  the  seal  of  the  Department  to,  and  to  issue,  in  behalf 
of  the  Secretary  of  State,  passports  to  the  applicants  so 
certified  and  approved. 

The  Chief  of  the  Passport  Bureau  may,  if  occasion  requires, 
certify  such  lists  to  the  Secretary  more  frequently  than  once 
a  day. 

Elihu  Root. 

The  Act  of  March  2,  1907,  "in  reference  to  the 
expatriation  of  citizens  and  their  protection  abroad" 
provided  in  the  seventh  section  "That  duplicates  of 


382  THE  DEPARTMENT  OF  STATE 

any  evidence,  registration,  or  other  acts  required  by 
this  Act  shall  be  filed  with  the  Department  of  State 
for  record. ' '  The  administration  of  the  law  is  a  part 
of  the  duties  of  the  Bureau  of  Citizenship.  It  prepares 
the  forms  of  registration  required  of  American 
citizens  residing  abroad,  receives  the  duplicates, 
which  become  a  part  of  its  files,  and  conducts  the 
correspondence. 


CHAPTER  XV 

AUTHENTICATIONS.     INTKODUCTIONS 

THE  same  difficulty  with  reference  to  the  signature 
on  passports  was  presented  in  the  question  of 
signing  authentications  under  the  Department's  seal. 
The  memorandum  of  the  Chief  of  the  Passport 
Bureau,  October  25,  1905,  said: 

As  for  the  certificates  of  authentication,  these  were 
formerly  signed  with  the  pen  and  much  delay  and  incon- 
venience in  the  transaction  of  public  business  resulted,  for 
the  requests  for  authentication  come  in  at  all  hours  of  the 
day  and  often  should  be  signed  at  once.  After  the  use  of  the 
stamp  began  here,  the  Attorney  General  continued  to  sign 
with  the  pen,  and  lawyers  doing  business  with  us  frequently 
commented  upon  the  greater  facility  encountered  here.  The 
Attorney  General,  accordingly,  abolished  the  use  of  the  pen, 
and  his  signature  is  now  affixed  by  a  stamp  as  our  Secretary 's 
is.  No  instance  has  come  to  our  attention  of  the  refusal  of 
a  court  or  other  public  authorities  to  accept  the  authentica- 
tions signed  by  the  stamp.  I  do  not  believe  anything  would 
be  gained  by  changing  the  practice  in  respect  to  authenti- 
cations. Owing  to  the  character  of  the  papers  and  the 
irregularity  with  which  they  are  presented  to  us  for  authen- 
tication, I  am  convinced  that  the  Secretary  would  be  put 
to  incessant  vexation  if  he  were  obliged  to  sign  these 
documents. 

"Nevertheless  the  use  of  stamps  is  to  be  discon- 
tinued.     E.    R."    was    the    endorsement    made    by 


384  THE  DEPARTMENT  OF  STATE 

Secretary  Root  on  this  memorandum.  A  way  out  of 
the  difficulty  was  found  by  the  Secretary  designating 
the  duty  of  signing  the  authentications  to  the  Chief 
Clerk. 

[1905] 

It  is  hereby  ordered  that  certificates  which  have  heretofore 
been  authenticated  under  the  signature  of  the  Secretary  of 
State  and  the  seal  of  the  Department  of  State,  shall  hereafter 
be  authenticated  under  the  seal  of  the  Department  by  the 
Chief  Clerk,  acting  for  the  Secretary.  The  form  of 
authentication  shall  be  as  follows : 

"In  testimony  whereof  I,  Elihu  Root,  Secretary  of  State, 
have  hereunto  caused  the  seal  of  the  Department  of  State  to 
be  affixed  and  my  name  to  be  subscribed  by  the  Chief  Clerk 
of  the  said  Department,  at  the  city  of  Washington,  this 
day  of  ,  190     . 

,  Secretary  of  State. 

by ,  Chief  Clerk." 

Elihu  Root, 

Secretary  of  State. 

By  order  of  February  23,  1909,  this  was  modified  by 
Secretary  Robert  Bacon  so  that  the  authentication  is 
under  the  name  of  the  Chief  of  the  Bureau  of  Citizen- 
ship instead  of  the  Chief  Clerk,  but  later  the  former 
practice  was  reverted  to. 

Order  by  the  Secretary  of  State. 
[No.  36] 

It  is  hereby  ordered  that  certificates  which  have  heretofore 
been  authenticated  under  the  signature  of  the  Secretary  of 
State  and  the  seal  of  the  Department  of  State,  shall  on  and 
after  August  7,  1911,  be  authenticated  under  the  seal  of  the 


A  UTHENTICATIONS—INTROD  VCTIONS        385 

Department  by  the  Chief  Clerk,  acting  for  the  Secretary. 
The  form  of  authentication  shall  be  as  follows : 

"In  testimony  whereof,  I,  P.  C.  Knox,  Secretary  of  State, 
have  hereunto  caused  the  seal  of  the  Department  of  State  to 
be  affixed  and  my  name  subscribed  by  the  Chief  Clerk  of  the 
said  Department,  at  the  city  of  Washington,  this 
day  of  ,  191     . 

P.  C.  Knox, 

Secretary  of  State. 
by  ¥m.  McNeir, 

Chief  Clerk.'' 
P  C  Knox 
Department  of  State, 

Washington,  July  28,  1911. 

The  sixth  section  of  the  act  creating  the  Department 
provided : 

That  there  shall  be  paid  to  the  Secretary,  for  the  use  of 
the  United  States,  the  following  fees  of  office,  by  the  persons 
requiring  the  services  to  be  performed,  except  when  they 
are  performed  for  any  officer  of  the  United  States,  in  a 
matter  relating  to  the  duties  of  his  office,  to  wit ;  for  making 
out  and  authenticating  copies  of  records,  ten  cents  for  each 
sheet  containing  one  hundred  words ;  for  authenticating  a 
copy  of  a  record  or  paper,  under  seal  of  office,  twenty-five 
cents. 

The  amount  received  for  affixing  the  seal  was  never 
large.  A  memorandum  shows  that  it  was:  for  1850, 
$102.25;  for  1851,  $95;  for  1852,  $154.50;  for  1853, 
$33.50.1    By  Act  of  April  23,  1856,2  it  was  abolished. 

In  order  that  it  may  have  actual  knowledge  of  the 
seals  which  it  certifies  to,  the  Department  has  impres- 

i  Kegister  of  certificates,  Bur.  of  Citizenship. 
2  11  Stat.,  5. 


386  THE  DEPARTMENT  OF  STATE 

sions  of  them.  To  name  them  is  to  give  the  list  of 
the  seals  which  the  Department  has  authority  to 
certify  to : 

The  seals  of  all  the  Executive  Departments,  of  the 
Library  of  Congress  (Copyright  office,  the  Library 
itself  having  no  seal),  the  Smithsonian  Institution, 
the  States  and  Territories,  Porto  Rico,  the  Philip- 
pines. On  one  occasion,  at  least,  it  certified  to  the  seal 
of  the  Senate.  This  was  in  1896  when  John  Hays 
Hammond,  an  American  citizen,  being  condemned  to 
death  for  participating  in  an  attempt  to  overthrow 
the  government  of  the  (then)  Transvaal  Republic,  the 
desire  for  his  pardon,  which  was  universal  in  the 
United  States,  and  which  under  the  circumstances 
could  receive  no  official  sanction,  found  expression  in 
a  petition  to  the  Transvaal  Government  signed  by  all 
the  members  of  the  United  States  Senate  each  acting 
in  a  private  character.  To  the  petition  was  affixed  a 
certificate  under  the  seal  of  the  Senate  that  the  signers 
were  Senators.  Upon  request,  and  in  view  of  the 
fact  that  there  was  no  other  authority  which  a  foreign 
government  would  recognize,  the  State  Department 
certified  to  the  genuineness  of  the  seal  of  the  Senate. 
The  incident  was  not  based  on  precedent,  nor  would 
it,  probably,  be  deemed  a  precedent.  On  April  17, 
1873,  the  Assistant  Secretary  of  State  wrote  to  the 
Librarian  of  Congress : 

This  Department  cannot  certify  that  Mr.  Howe  is  Chair- 
man of  the  Joint  Committee  on  the  Library  of  Congress.  If 
you  can  verify  the  contract  to  the  satisfaction  of  the  respec- 
tive   parties   before    Chief   Justice    Cartter    or   one    of    the 


A  V  THEN  TIC  A  TIONS— INTRODUCTIONS        387 

Associate  Justices  of  the  Supreme  Court  of  the  District  of 
Columbia,  this  Department  will  attach  an  additional  certificate 
to  that  of  the  Justice,  in  authentication  of  his  official  acts.1 

When  this  letter  was  written  the  federal  judges 
received  their  commissions  under  the  seal  of  the 
Department  of  State.  The  theory  is  that  the  Depart- 
ment can  certify  only  to  such  seals,  acts,  or  officers 
as  it  has  official  cognizance  of. 

The  form  of  authentication  used  to  be: 

I  certify  that  the  document  hereunto  annexed  is  under  the 
seal  of  the  and 

is  entitled  to  full  faith  and  credit. 

Sometimes  unscrupulous  persons,  obtaining  the 
Department's  authentication  of  a  state  seal  which  had 
been  affixed  to  a  certificate  of  incorporation,  would  use 
it  as  a  bait  to  unwary  investors,  representing  that  the 
government  vouched  for  the  credit  of  the  corporation. 
The  Department  would,  of  course,  refuse  an  authenti- 
cation which  was  designed  for  such  a  use;  but  it  has 
no  means  of  knowing  the  purpose  for  which  it  is 
desired.  A  flagrant  case  of  attempted  imposition  upon 
the  public  occurred  in  1906,  and  the  Second  Assistant 
Secretary,  Mr.  Adee,  raised  the  question  whether  it 
might  not  be  well  to  change  the  wording  of  the 
certificate.  In  a  memorandum  dated  August  6,  1906, 
he  said: 

The  words  "full  faith  and  credit"  in  the  Department's 
certification  might  be  construed  by  an  ignorant  speculative 
investor  as  a  guarantee  of  credit  and  standing.  Would  it 
not  suffice  to  merely  certify  to  the  seal  ? 

i  Vol.  IV,  Passport  press  copy  book,  p.  58. 


388  THE  DEPARTMENT  OF  STATE 

It  was  true  that  the  state  seal  never  certified  to  the 
deed  or  articles  of  incorporation,  but  simply  to  the 
deposit  or  recording  of  the  document;  but  it  was 
deemed  important  to  do  whatever  was  possible  to 
prevent  deception.  The  Solicitor,  Mr.  Scott,  in  his 
memorandum  of  August  15  and  September  1,  1906, 
prescribed  this  form,  which  is  now  in  use: 

UNITED  STATES  OF  AMERICA, 

[arms] 
Department  op  State, 

To  all  to  whom  these  presents  shall  come,  Greeting : 
I  certify  That  the  document  hereunto  annexed  is  under 
the  Seal  of  the  ,  and  that  such 

Seal  is  entitled  to  full  faith  and  credit. 

At  the  bottom  appear  these  words : 

For  the  contents  of  the  annexed  document  the  Department 
assumes  no  responsibility. 

This  form  applies  to  authentications  of  seals.  When 
the  Department  certifies  to  copies  from  the  files  or 
records  it  uses  the  following  form : 

I  certify  that  the  document  hereto  annexed  is  a  true  copy 
from  the  [files  or  records]  of  this  Department. 

When  it  certifies  to  a  law  it  uses  this  form : 

I  certify  that  hereunto  annexed  is  a  true  copy  of  an  Act 
of  Congress,  approved  ,  the 

original   of   which   is   on   file   in   this   Department,    entitled 
"An  Act 


A  V  THEN  TIC  A  TIONS—INTROD  UCTIONS 


389 


It  certifies  to  a  foreign  diplomatic  officer  in  this 
form: 

I  certify  that  [name  of  officer]  whose  name  is  subscribed  to 
the  paper  hereto  annexed,  is  duly  accredited  to  this 
Government  as  [title]. 

For  an  American  diplomatic  or  consular  officer  the 
form  is : 

I  certify  That  whose 

name  is  subscribed  to  the  paper  hereto  annexed,  was  at  the 

time  of  subscribing  the  same  [office  held] 

of  the  United  States  at  [place  or  country] 

duly  commissioned;  and  that  full  faith  and  confidence  are 

due  to  his  acts  as  such.* 

In  testimony  whereof,  I 
Secretary  of  State,  have  hereunto  caused  the  Seal  of 
the  Department  of  State  to  be  affixed  and  my  name 
to  be  subscribed  by  the  Chief  of  the  Bureau  of  Citizen- 
ship of  the  said  Department,  at  the  City  of  Washing- 
ton, this  day  of  ,  191 


Secretary  of  State. 


By. 


Chief,  Bureau  of  Citizenship. 

*  For  the  contents  of  the  Annexed 
Document  the  Department  assumes 
no  responsibility. 

The  rules  for  authentications  were  first  formulated 
and  adopted  October  10, 1906.  The  rules  now  in  force 
follow : 

Authentications. 

The  Department  of  State  does  not  affix  its  certificate  of 
authentication    to    documents    under    the    seals    of    courts, 


390  THE  DEPARTMENT  OF  STATE 


notaries  public,  commissioners  of  deeds,  justices  of  the  peace, 
inferior  State  or  Territorial  officers,  bureaus  of  other  Federal 
Executive  Departments,  colleges,  corporations,  etc. 

The  enclosed  document  should,  therefore,  bear  the  seal  of 
the  before  it  is  returned 

for  authentication  by  this  Department. 


FEE. 


Under  the  law  (act  of  April  23,  1856)  no  fee  is  charged 
/     for  a  certificate  of  authentication  issued  by  this  Department. 

NATURE    OF    DOCUMENT. 

In  mailing  a  document  to  this  Department  with  a  request 
for  its  authentication,  the  letter  of  transmittal  should  always 
state  the  nature  of  the  document,  as  power  of  attorney,  cer- 
tificate of  birth,  death,  or  marriage,  testament  or  will,  etc. 

CERTIFICATE  FROM   A   REPRESENTATIVE  OF  A   FOREIGN 
GOVERNMENT. 

It  is  not  within  the  province  of  this  Department  to  procure 
from  a  representative  of  a  foreign  government  a  certificate 
of  authentication,  and  application  should  be  made  direct  to 
the  proper  foreign  representative. 

ADDRESS. 

All  communications  relating  to  authentication  should  be 
addressed  to  the  Department  of  State,  Bureau  of  Citizenship, 
Washington,  D.  C. 

Department  of  State,  March  7,  1912. 

The  Bureau  of  Citizenship  which  issues  passports 
and  authentications  also  prepares  letters  ojMntroduc- 
tion  to  the  diplomatic  and  consular  officers  for  Ameri- 


AUTHENTICATIONS— INTRODUCTIONS        391 

can  citizens  who  are  especially  recommended  to  the 
Secretary  of  State.  The  general  rule  is  that  they  are 
issued  only  upon  recommendation  of  public  officers; 
but  the  Secretary  of  State  issues  them  directly  accord- 
ing to  his  pleasure.  The  form  used  varies,  but  is 
usually  as  follows : 

To  the  Diplomatic  and  Consular  Officers  of  the 
United  States. 
Gentlemen : 

At  the  instance  of  the  honorable 
a  Representative  of  the  Congress  of  the  United  States  from 
the  state  of  ,  I  take  pleasure  in  introducing 

to  you  of 

who  is  about  to  proceed  abroad.  I  cordially  bespeak  for 
Mr.  such  courtesies  as  you  may  be 

able  to  extend  to  him  consistently  with  your  official  duties. 
[Signed  by  the  head  of  the  Department.] 

It  was  found  that  these  letters  were  mistaken  by 
some  travelers  as  serving  the  purpose  of  passports, 
and  they  were  sometimes  obtained  by  people  who  were 
not  entitled  to  receive  passports.  To  remedy  this  evil, 
a  notice  was  prepared  in  1901  and  since  then  has 
accompanied  all  introductory  letters : 

The  enclosed  letter  of  introduction  to  the  Diplomatic  and 
Consular  Officers  of  the  United  States  has  no  uses  authorized 
by  law  or  custom  among  the  officials  of  foreign  governments, 
and  does  not  take  the  place  or  serve  the  purpose  of  the  official 
passport  issued  by  this  Government. 

Department  of  State, 

Washington,  March  27,  1901. 


392  TEE  DEPARTMENT  OF  STATE 

The  Department  has  always  regarded  the  letters  as 
an  evil  and  has  sought  on  several  occasions  to  abolish 
them. 

On  January  12,  1855,  Secretary  Marcy  said  they 
had  "long  been  discontinued,"  because  diplomatic  and 
consular  officers  complained  that  they  caused  incon- 
venience and  trouble,1  but  they  were  resumed  there- 
after. In  1880  the  Department  printed  the  following 
form  letter : 

Department  op  State, 

Washington,  18 

Sir: 

I  have  the  honor  to  reply  to  your  request  of  the 
for  an  introductory  letter  for  and  to 

inform  you  that  the  practice  of  the  Department  for  many 
years  has  restricted  the  issuance  of  such  letters  to  those 
departing  from  this  country  in  connection  with  official 
business,  or  who  occupy  positions  of  high  public  responsibility. 

This  rule  has  in  recent  years  been  temporarily  relaxed  in 
favor  of  private  citizens,  but  the  experience  so  gained  has 
convinced  the  Department  that  the  former  custom  is  well 
founded  and  should  be  resumed. 

The  passport  for  travel  issued  by  the  Department  is  fully 
sufficient  to  introduce  the  bearer  to  any  officer  whom  he  may 
wish  to  meet,  and  to  secure  from  him  the  kindly  civilities 
naturally  due  to  countrymen  in  a  strange  land. 

An  additional  letter,  however,  from  the  Secretary,  is  too 
often  regarded  as  suggesting  special  courtesies  from  our 
officers  which  must  involve  an  expenditure  of  time  and  money 
not  contemplated  by  the  laws  fixing  the  duties  and  salaries 
of  the  Consular  service. 

I  do  not,  therefore,  feel  at  liberty  to  supply  you  with  other 

i  Quoted  in  Moore's  Digest,  IV,  785. 


AUTHENTICATIONS— INTRODUCTIONS        393 

papers  than  the  enclosed  blank  applications  and  directions, 
which  may  be  of  service  to  you  should  a  passport  be  desired. 
I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

This  was  followed  by  a  circular  instruction  to  our 
officers  abroad: 

Department  of  State, 

Washington,  April  25,  1881. 

To  the  Diplomatic  and  Consular  Officers  of  the 

United  States. 
Gentlemen : 

Letters  of  introduction  in  favor  of  American  citizens 
traveling  abroad  will  hereafter  only  be  issued  to  officers  of 
the  government,  or  in  cases  where  some  special  reason  may 
make  it  the  interest  of  the  Department  to  commend  some  one 
to  your  consideration  for  a  particular  purpose.  The  practice 
of  granting  general  introductory  letters  to  facilitate  travel 
will  be  discontinued. 

With  regard  to  outstanding  letters  of  introduction,  I  have 
to  observe  that  personal  commendation  to  your  courteous 
attentions  is  not  to  be  construed  as  importing  any  claims  to 
the  hospitalities  of  the  representatives  of  the  United  States 
abroad,  or  as  requiring  more  than  the  kindly  civilities  which 
are  naturally  due  to  countrymen  in  a  strange  land,  and  which 
it  is  presumed  they  uniformly  receive  at  your  hands.  For 
such  purpose,  a  passport,  or  evidence  of  citizenship  and 
identity  is  thought  to  be  sufficient.  Under  no  circumstances 
is  it  intended  that  the  recommendation  of  the  Department 
should  entail  any  charge  on  you,  or  constrain  you  to  render 
personal  service  to  a  visitor  to  the  detriment  of  the  business 
of  your  office. 

I  am,  gentlemen, 
Your  obedient  servant, 


394  THE  DEPARTMENT  OF  STATE 

Nevertheless  the  free  issuance  of  the  letters  was 
soon  resumed  and  has  continued  since. 

Because  of  improper  use  of  the  letters  in  commercial 
enterprises,  the  following  instruction  was  sent: 

Letters  of  Introduction, 
department  of  state, 

Washington,  February  14,  1910. 

To  the  Diplomatic  and  Consular  Officers  of  the 
United  States. 
Gentlemen : 

In  the  course  of  its  routine  business  the  Department  not 
infrequently  issues,  at  the  instance  of  members  of  Congress 
or  other  gentlemen  well  known  to  it,  letters  introducing  to 
the  diplomatic  and  consular  officers  persons  going  abroad  in 
the  interest  of  private  American  enterprises.  These  letters 
are  general  in  character  and  call  for  no  service  by  the 
diplomatic  and  consular  officers  other  than  they  are  required 
under  standing  instructions  to  give  to  all  American  citizens 
whether  possessed  of  one  of  these  letters  or  not. 

It  is  not  intended  by  such  letters  to  give  the  Department's 
specific  endorsement  to  the  enterprises  in  the  furtherance  of 
which  the  bearers  go  abroad,  or  that  diplomatic  and  consular 
officers  should  regard  themselves  as  instructed  to  give  active 
support  to  the  projects. 

This  is  especially  true  when  rival  American  interests  may 
clash  in  the  same  channels.  It  is  the  expectation  of  the 
Department  that  all  reputable  American  promoters  should 
have  equal  opportunity  to  advance  their  respective 
interests,  and  that  no  one  shall  be  accorded  by  its  diplomatic 
and  consular  representatives  preference  over  American 
competition. 

Diplomatic  and  consular  officers  will  understand,  and  will 
act  accordingly,  that  when  it  is  the  desire  of  the  Department 


AUTHENTICATIONS— INTRODUCTIONS        395 

that  they  should  aid  officially  or  personally  in  the  promotion 
of  any  particular  undertaking  on  the  part  of  the  citizens 
of  the  United  States,  separate  instructions  specifically 
authorizing  and  directing  them  to  do  so  will  be  issued  by 
the  Department. 

Should  circumstances  so  suggest,  the  instructions  of  the 
Department  may  be  sought. 

I  am,  Gentlemen, 
Your  obedient  servant, 

P  C  Knox 


CHAPTER  XVI 

TREATIES.     EXTRADITION.     CLASSIFICATION  OF  CORRE- 
SPONDENCE.    DISTRIBUTION  OF  DUTIES 

THE  most  important  diplomatic  function  of  the 
Department  is  that  of  making  treaties — those 
agreements  with  foreign  Powers  which  regulate  our 
international  relations  and  are,  under  the  Constitu- 
tion, "the  supreme  law  of  the  land."  Rules  for 
negotiating  them  are  an  important  section  in  works 
on  international  law,  and  will  not  be  repeated  here, 
except  as  they  are  a  part  of  the  executive  duties  of 
the  Department. 

Indian  treaties,  it  should  be  remarked,  of  which 
formerly  many  were  made,  were  never  negotiated  by 
the  Secretary  of  State,  but  by  special  commissioners 
acting  for  the  President  under  the  War  Department, 
which  had  control  of  Indian  affairs  until  the  Depart- 
ment of  the  Interior  took  over  the  business.  They 
were  filed  with  the  Department  of  State,  however,  as 
the  other  laws  are.  There  have  been  no  Indian  treaties 
made  since  the  Act  of  March  3,  1871,  which  forbade 
further  recognition  of  Indian  tribes  or  nations  as 
independent  Powers. 

Postal  conventions  with  foreign  governments  were 
negotiated  by  the  Secretary  of  State,  until  the  Act 
of  June  8,  1872,  required  that  they  be  made  by  the 


TREATIES— EXTRADITION  397 

Postmaster-General  and  become  binding  when  signed 
by  him  and  approved  by  the  President,  the  power  of 
the  Senate  to  advise  the  ratification  of  treaties  being 
delegated  in  this  case.  All  other  treaties  are  made 
by  the  Secretary  of  State.  Often  he  conducts  the 
negotiations  in  person;  himself  has  the  interviews 
with  the  foreign  envoy,  drafts  his  own  notes,  and  the 
treaty  itself.  He  may  have  the  assistance  of  any 
officer  he  chooses — of  one  of  the  Assistant  Secretaries, 
the  Solicitor,  a  Bureau  Chief,  or  several  persons.  Or 
the  treaty  may  be  negotiated  by  some  officer  of  the 
Department  for  the  Secretary.  The  methods  vary 
greatly,  and  the  record  of  the  negotiation  is  volumi- 
nous and  minute  in  some  cases  and  meager  in  others. 
It  is  usual,  however,  when  an  important  verbal 
communication  has  been  made  to  the  Secretary  in  the 
course  of  negotiating  a  treaty,  to  draw  up  a  memo- 
randum of  its  substance  to  go  upon  the  record,  and 
often  the  memorandum  is  submitted  to  the  foreign 
envoy,  so  that  there  shall  be  no  misunderstanding. 
The  foreign  envoy  may  leave  a  written  statement  of 
what  he  has  said  with  the  Secretary.1 

The  business  of  negotiating  a  series  of  treaties  was 
delegated  to  a  special  representative,  in  1897,  when 
John  A.  Kasson  was  appointed  Special  Commissioner 
Plenipotentiary  under  the  Tariff  Act  of  July  24,  1897, 
to  negotiate  reciprocal  trade  agreements  with  foreign 
governments.    He  conducted  the  interviews,  prepared 

i  See  on  the  details  of  treaty -making  Francois  S.  Jones 's  article, 
"Treaties  and  Treaty-making,"  in  the  Political  Science  Quarterly, 
September,  1897. 


398  THE  DEPARTMENT  OF  STATE 

the  correspondence,  which  was,  however,  signed  by 
the  Secretary,  and  signed  all  the  treaties  except  one, 
being  given  "full  powers"  by  the  President  for  the 
purpose. 

Whoever  signs  a  treaty  must  receive  ' '  full  powers ' ' 
from  the  President.  This  is  a  formal  document 
authorizing  an  individual  or  individuals  to  negotiate 
with  the  foreign  representative  for  the  express  pur- 
pose of  making  a  treaty  for  a  certain  purpose  and  to 
sign  the  treaty.  The  foreign  representative  is 
expected  to  exhibit  a  similar  document  from  the  head 
of  his  state  before  he  signs  a  treaty.  When  the  final 
drafts  of  the  treaty  have  been  agreed  to  by  both  sides, 
the  treaty  is  engrossed  for  final  signature,  and  it  is 
signed  in  the  Secretary  of  State's  office  or  in  the 
Diplomatic  Reception  Room.  The  Chief  of  the 
Diplomatic  Bureau  is  present  with  the  papers,  the 
Secretary's  seal,  unless  he  uses  his  signet  ring,  and 
the  wax.  He,  or  an  Assistant  Secretary,  holding  the 
American  copy  of  the  treaty,  compares  it  with  the 
foreign  copy  held  by  the  foreign  minister  or  his 
Secretary  of  Legation.  The  two  copies  being  found 
to  be  in  agreement,  both  are  signed  by  the  Secretary 
of  State  and  the  foreign  representative.  On  the  copy 
intended  for  the  United  States  the  Secretary  of 
State's  signature  precedes  that  of  the  foreign  envoy; 
in  that  intended  for  the  foreign  government  the 
foreign  envoy's  signature  precedes  that  of  the  Secre- 
tary of  State.  The  seal  of  each  principal  is  impressed 
in  wax  opposite  his  name.  If  the  treaty  is  not  with 
an  English-speaking  country,  it  is  written  in  parallel 


TREATIES— EXTRADITION  399 

columns,  English  on  one  side,  the  foreign  language  on 
the  other.  The  American  copy,  having  been  signed, 
is  transmitted  to  the  Senate  for  advice  as  to  ratifica- 
tion, with  a  message  from  the  President.  Usually, 
but  not  always,  the  message  contains  no  comment  or 
argument. 

Following  is  an  example  of  the  ordinary  form : 

Washington,  December  6,  1831. 

To  the  Senate  of  the  United  States : 

I  transmit  to  the  Senate,  for  their  advice  with  regard  to 
its  ratification,  a  treaty  between  the  United  States  and 
France,  signed  at  Paris  by  the  Plenipotentiaries  of  the  two 
Governments  on  the  4th  of  July,  1831. 

With  the  treaty  are  also  transmitted  the  dispatch  which 
accompanied  it,  and  two  others  on  the  same  subject  received 
since. 

Andrew  Jackson. 

Following  is  another  example : 

Washington,  February  15,  1893. 
To  the  Senate : 

I  transmit  with  a  view  to  its  ratification,  a  treaty  of  annexa- 
tion, concluded  on  the  14th  day  of  February,  1893,  between 
John  W.  Foster,  Secretary  of  State,  and  Lorin  A.  Thurston, 
W.  R.  Castle,  W.  C.  Wilder,  C.  L.  Carter,  and  Joseph 
Marsden,  the  Commissioners  on  the  part  of  the  Government 
of  the  Hawaiian  Islands.  The  provisional  treaty,  it  will  be 
observed,  does  not  attempt  to  deal  in  detail  with  the  questions, 
&c,  &c.  [Explaining  conditions  in  the  islands  and  the 
objects  of  the  treaty.] 

When  the  ratification  of  a  treaty  has  been  dis- 
approved of  by  the  Senate  it  is  returned  to  the  Depart- 


400  THE  DEPARTMENT  OF  STATE 

ment  with  a  statement  of  the  fact  from  the  Senate, 
and  is  filed  in  the  Bureau  of  Rolls  and  Library. 

The  Senate  agreeing  that  the  treaty  ought  to  be 
ratified,  an  attestation  of  the  agreement  and  of  any 
amendments  it  may  have  proposed  is  attached  to  the 
treaty,  and  it  is  sent  back  to  the  President,  who  sends 
it  to  the  Department.  It  is  then  signed  by  the  Presi- 
dent, this  being  the  ratification,  countersigned  by  the 
Secretary  of  State,  and  the  great  seal  affixed,  a  special 
warrant  for  the  purpose  having  been  made. 

The  ratifications  are  exchanged  at  the  State  Depart- 
ment at  an  appointed  time  with  the  foreign  represen- 
tative. He  hands  the  ratified  foreign  copy  to  the 
Secretary  of  State,  who  hands  him  the  ratified  Ameri- 
can copy.  Each  exhibits  "full  powers"  to  exchange 
the  ratifications.  A  protocol  or  minute  of  the  date  and 
facts  of  exchange  is  made.  The  final  completed  treaty 
thus  exchanged  is  engrossed  on  heavy  ledger  paper; 
but  in  the  earlier  days  was  upon  parchment  or  vellum. 
It  is  in  a  rich  velvet  or  leather  portfolio  which  is  placed 
in  a  handsome  wooden  box.  Until  about  thirty  years 
ago  the  great  seal  was  appendant,  ornamental  silk 
cords  passing  through  the  wax  which  was  protected 
by  a  round  gold  box ;  but  since  then  the  seal  has  been 
impressed  upon  the  paper  itself  over  a  wafer.  The 
appendant  seal  is  still  used  by  European  countries, 
but  most  American  states  use  the  impressed  seal. 

The  form  of  ratification  is : 

To  all  to  whom  these  Presents  shall  come,  Greeting : 

Know  ye,  that  whereas  a  convention  between  the  United 
States  of  America  and  extending  for  a  period 


TREATIES— EXTRADITION  401 

of  years  from  concerning  was 

concluded  and  signed  by  the  respective  plenipotentiaries  at 
Washington,  on  the  day  of  a  true  copy  of 

which  convention  is,  word  for  word,  as  follows : 

[Here  follows  the  convention] 

And  whereas  the  Senate  of  the  United  States,  by  their 
resolution  of  (two-thirds  of  the  Senators  present 

concurring  therein)  did  advise  and  consent  to  the  ratification 
of  said  convention: 

Now,  therefore,  be  it  known  that  I  ,  President  of 

the  United  States  of  America,  have  seen  and  considered  the 
said  convention,  do  hereby,  in  pursuance  of  the  aforesaid 
advice  and  consent  of  the  Senate,  ratify  and  confirm  the 
same  and  every  article  and  clause  thereof. 

In  testimony  whereof,  I  have  caused  the  Seal  of  the  United 
States  of  America  to  be  hereunto  affixed. 

Given  under  my  hand.  &c. 

[President's  signature.] 
[seal.] 

By  the  President: 

[Secretary  of  State's  signature.] 
Secretary  of  State. 

The  protocol  of  exchange  says : 

The  undersigned  plenipotentiaries  having  met  together  for 
the  purpose  of  exchanging  the  ratifications  of  the  convention 
signed  at  January  ,  18       between  the  United 

States  of  America  and  for  the  purpose 

and  the  ratifications  of  the  convention  aforesaid  having  been 
carefully  compared,  and  found  exactly  conformable  to  each 
other,  the  exchange  took  place  this  day  in  the  usual  form. 

In  witness  whereof,  they  have  signed  the  present  protocol 
of  exchange,  and  have  affixed  their  seals  thereto. 

Done  at  this  day  of 

[Signatures  and  seals  of  plenipotentiaries.] 


402  THE  DEPARTMENT  OF  STATE 

The  President  then  formally  proclaims  the  treaty, 
the  proclamation  being  prepared  by  the  Diplomatic 
Bureau,  and  the  treaty  is  filed  in  the  Bureau  of  Rolls 
and  Library. 

A  treaty  negotiated  by  one  of  our  agents  abroad  is 
received  by  the  State  Department  after  it  has  been 
signed,  and  goes  to  the  Senate  in  the  same  manner  as 
if  it  had  been  negotiated  in  this  country.  The  final 
ratified  treaty  is  sent  to  the  minister  and  exchanged 
in  the  foreign  country,  in  the  same  way  that  treaties 
are  exchanged  in  this  country. 

The  fullest  records  of  treaty  negotiations  are 
usually  in  the  case  of  extradition  treaties,  because  of 
the  definitions  of  legal  terms  which  both  parties  must 
agree  to. 

Extradition,  "the  act  by  which  one  nation  delivers 
up  an  individual  accused  or  convicted  of  an  offense 
outside  of  its  own  territory,"  is  one  of  the  functions 
committed  to  the  Secretary  of  State,  as  the  official 
charged  with  the  duty  of  conducting  foreign  inter- 
course.1 In  the  earlier  days  of  the  republic,  this 
function  was  not  infrequently  discharged  by  the 
governors  of  the  individual  states,  in  some  cases  with 
the  approval  of  the  Secretary  of  State,  and  in  others 
without  consulting  him.  Some  of  our  states  have  even 
gone  so  far  as  to  enact  statutes,  conferring  on  their 
chief  executives  the  power  to  deliver  up  fugitives  from 
justice  to  foreign  nations.  But  with  the  development 
and  clearer  comprehension  of  the  powers  of  the 
national  government,  the  states  have  ceased  to  deal 

i  See  Moore  on  Extradition,  1891. 


TREATIES— EXTRADITION  403 

with  the  subject,  and  it  is  now  generally  admitted  to 
belong  exclusively  to  the  Government  of  the  United 
States.  In  one  case,  however,  the  United  States  did 
by  treaty  agree  that  applications  for  extradition  might 
be  made  and  granted  by  state  and  territorial  govern- 
ments. This  was  the  agreement  in  the  treaty  of  1861  . 
with  Mexico,  which  provided  that  for  offenses  com- 
mitted in  the  frontier  states  and  territories  of  the 
contracting  parties,  applications  for  extradition  might 
be  made  to  the  state  and  territorial  governments. 
The  provision  has  been  repeated  in  the  treaty  of  1899. 
It  does  not  preclude  the  exercise  of  supreme  control 
in  the  matter  by  the  national  government. 

It  has  been  the  almost  uniform  opinion  of  our  consti- 
tutional lawyers  that  extradition  can  lawfully  be 
granted  by  the  United  States  only  in  pursuance  of  a 
statute  or  a  treaty ;  and,  as  the  only  Federal  legislation 
on  the  subject  is  that  which  has  been  adopted  to 
execute  our  treaties,  the  government  declines  to 
extradite  fugitives  from  justice  in  the  absence  of  a 
conventional  obligation. 

Under  similar  circumstances  it  refrains  from 
demanding  the  surrender  of  fugitives  by  other  govern- 
ments. In  rare  cases,  in  the  absence  of  a  treaty,  an 
appeal  has  been  made  to  the  good  will  of  a  foreign 
government  to  deliver  up  a  notorious  offender.  But, 
as  foreign  governments  are  likely  to  demand  a 
promise  of  reciprocity  in  such  cases,  and  as  the 
United  States  is  unable  to  make  such  a  promise,  the 
appeal  must  always  be  attended  with  much  embarrass- 
ment, and  is  resorted  to  infrequently. 


404  THE  DEPARTMENT  OF  STATE 

The  first  treaty  of  this  country  providing  for  mutual 
surrender  of  criminals  was  that  of  1794  with  Great 
Britain.  Murder  and  forgery  were  the  only  crimes 
included  in  it,  and  it  expired  in  twelve  years.  But 
since  the  conclusion  of  a  new  treaty  with  Great  Britain 
in  1842,  treaties  have  been  entered  into  with  many 
Powers,  and  the  practice  of  extradition  has  become 
general. 

The  forms  of  extradition  warrants  now  in  use  are 
three:  the  mandate,  called  often — although  incor- 
rectly— the  " warrant  of  arrest";  the  warrant  of 
surrender;  and  the  President's  warrant,  authorizing 
agents  to  go  abroad  and  bring  back  surrendered 
criminals. 

The  first  mandate  was  issued  in  1853,  upon  appli- 
cation of  the  British  Minister,  and  was  signed  by 
President  Franklin  Pierce.  Prior  to  that  time,  the 
persons  authorized  to  apply  for  the  extradition  of  a 
criminal  went,  in  the  first  instance,  to  the  courts.  But 
owing  to  doubts  suggested  by  one  of  our  judges  as  to 
the  regularity  of  this  procedure,  a  practice  grew  up 
of  applying  to  the  Secretary  of  State  for  a  mandate 
to  authorize  the  institution  of  judicial  proceedings. 
Although  this  course  was  afterwards  prescribed  by 
some  of  our  treaties,  it  is  not  prescribed  in  others, 
and  has  been  held  by  the  Supreme  Court  to  be 
unnecessary.  It  is  now  no  longer  issued  by  the 
Department  of  State,  unless  required  by  treaty.  Up 
to  1860  the  mandate  was  signed  by  the  President,  but 
since  then  it  has  been  signed  by  the  Secretary  of  State. 
The  form  now  used  is  as  follows : 


TREATIES— EXTRADITION  405 

Department  of  State 

To  any  Justice  of  the  Supreme  Court  of  the  United  States ; 
any  Judge  of  the  Circuit  or  District  Courts  of  the  United 
States  in  any  District;  any  Judge  of  a  Court  of  Record  of 
General  Jurisdiction  in  any  State  or  Territory  of  the  United 
States,  or  to  any  Commissioner  specially  appointed  to  execute 
the  provisions  of  Title  LXVI  of  the  Revised  Statutes  of  the 
United  States,  for  giving  effect  to  certain  treaty  stipulations 
between  this  and  foreign  Governments,  for  the  apprehension 
and  delivering  up  of  certain  offenders. 

Whereas,  pursuant  to  existing  treaty  stipulations  between 
the  United  States  of  America  [name  of  the  foreign  Power  to 
which  the  criminal  is  to  be  surrendered]  for  the  mutual 
delivery  of  criminals,  fugitives  from  justice  in  certain  cases, 
[name  of  the  foreign  representative  making  the  demand]  has 
made  application  in  due  form,  to  the  proper  authorities 
thereof,  for  the  arrest  of  [name  or  names  of  the  offender  or 
offenders],  charged  with  the  crime  of  [nature  of  the  crime], 
and  alleged  to  be  [statement  of  the  country  from  whence  the 
flight  was  made]  and  who  ["is"  or  "are"]  believed  to  be 
within  the  jurisdiction  of  the  United  States. 

And  whereas,  it  appears  proper  that  the  said  [name  or 
names  of  the  offender  or  offenders]  should  be  apprehended, 
and  the  case  examined  in  the  mode  provided  by  the  laws  of 
the  United  States  aforesaid. 

Now,  therefore,  to  the  end  that  the  above-named  officers, 
or  any  of  them,  may  cause  the  necessary  proceedings  to  be 
had,  in  pursuance  of  said  laws,  in  order  that,  the  evidence 
of  the  criminality  of  the  said  [name  or  names  of  the  offender 
or  offenders]  may  be  heard  and  considered,  and,  if  deemed 
sufficient  to  sustain  the  charge,  that  the  same  may  be  certified, 
together  with  a  copy  of  all  the  proceedings,  to  the  Secretary 
of  State,  that  a  warrant  may  issue  for  ["his"  or  "their"] 
surrender,  pursuant  to  said  treaty  stipulations.  I  certify  the 
facts  above  recited. 


406  THE  DEPARTMENT  OF  STATE 

In  testimony  whereof,  I  have  hereunto  signed  my  name 
and  caused  the  seal  of  the  Department  of  State  to  be  affixed. 

Done  at  the  City  of  Washington,  this  day  of 

A.  D.,  1       ,  and  of  the  Independence  of  the  United  States 
the 


[seal.]  Secretary  of  State. 

The  warrant  of  surrender  has  suffered  only  such 
alterations  as  have  been  made  necessary  by  changes 
in  the  law.  Like  the  mandate,  it  was  signed  by  the 
President  until  1860,  since  which  time  it  has  been 
signed  by  the  Secretary  of  State,  by  whom  the  law 
provides  that  it  shall  be  issued.  The  form  is  as 
follows: 

DEPARTMENT    OP    STATE 

To  all  whom  these  Presents  shall  come,  Greeting: 

Whereas,  [name  and  title  of  foreign  representative  making 
the  demand],  accredited  to  this  Government,  has  made 
requisition  in  conformity  with  the  provisions  of  existing 
treaty  stipulations  between  the  United  States  of  America  and 
[name  of  foreign  power]  for  the  mutual  delivery  of  criminals, 
fugitives  from  justice  in  certain  cases,  for  the  delivery  up 
of  [name  or  names  of  offender  or  offenders],  charged  with  the 
crime  of  [nature  of  crime],  committed  within  the  jurisdiction 
of  [name  of  foreign  country  where  crime  was  committed] 

And  whereas,  the  said  [name  or  names  of  offender  or 
offenders]  ["has"  or  "have"]  been  found  within  the  juris- 
diction of  the  United  States,  and  ["has"  or  "have"],  by 
proper  authority  and  due  form  of  law,  been  brought  before 
[name  of  Commissioner  or  Judge  of  the  United  States  before 
whom  the  examination  has  been  held]  for  examination  upon 
said  charge  of  [nature  of  crime.] 

And  whereas,  the  said  ["Commissioner"  or  "Judge"]  has 


TREATIES— EXTRADITION  407 

found  and  adjudged  that  the  evidence  produced  against  the 
said  [name  or  names  of  offender  or  offenders]  is  sufficient  in 
law  to  justify  ["his"  or  "their"]  commitment  upon  the  said 
charge,  and  has,  therefore,  ordered  that  the  said  [name  or 
names  of  offender  or  offenders]  be  committed  pursuant  to 
the  provisions  of  said  treaty  stipulations. 

Now,  therefore,  pursuant  to  the  provisions  of  Section  5272 
of  the  Revised  Statutes  of  the  United  States,  These  Presents 
are  to  require  the  United  States  Marshal  for  the  [district  or 
State],  or  any  other  public  officer  or  person  having  charge 
or  custody  of  the  aforesaid  [name  or  names  of  the  offender 
or  offenders],  to  surrender  and  deliver  ["him"  or  "them"] 
up  to  such  person  or  persons  as  may  be  duly  authorized  by 
the  Government  of  [name  of  foreign  power]  to  receive  the 
said  [name  or  names  of  offender  or  offenders]  to  be  tried  for 
the  crime  of  which  ["he  is"  or  "they  are"]  so  accused. 

In  testimony  whereof,  I  have  hereunto  signed  my  name 
and  caused  the  seal  of  the  Department  of  State  to  be  affixed. 

Done  at  the  City  of  "Washington,  this  day  of  , 

A.  D.,  19  ,  and  of  the  Independence  of  the  United  States 
the 


[seal.]  Secretary  of  State. 

The  President's  warrant,  authorizing  an  officer  of 
the  United  States  to  take  a  fugitive  into  custody  and 
bring  him  back  to  the  United  States  for  trial,  is  issued 
in  the  following  form: 

[President's  name], 

President  of  the  United  States  of  America. 

To  [officer  to  take  the  offender  into  custody] . 

"Whereas,  it  appears  by  information  in  due  form  by  me 
received,  that  [name  or  names  of  offender  or  offenders], 
charged  with  the  crime  of  [nature  of  crime],  fugitive  from 
the  justice  of  the  United  States,  [whence  fled] . 


408  THE  DEPARTMENT  OF  STATE 

And  whereas,  application  has  been  made  to  the  [name  of 
foreign  authorities]  for  the  extradition  of  said  fugitive,  in 
compliance  with  existing  treaty  stipulations  between  the 
United  States  of  America  and  [name  of  foreign  Power]. 

And  whereas,  it  is  understood  that,  in  compliance  with  such 
application,  the  necessary  warrant  is  ready  to  be  issued  by 
the  authorities  aforesaid  for  the  delivery  of  the  above-named 
fugitive  into  the  custody  of  such  person  or  persons  as  may 
be  duly  authorized  to  receive  the  said  fugitive  and  bring 
["him"  or  "them"]  back  to  the  United  States  for  trial. 

Now,  therefore,  you  are  hereby  authorized  and  empowered, 
in  virtue  of  the  stipulations,  aforesaid,  and  in  execution 
thereof,  to  receive  the  said  [name  or  names  of  offender  or 
offenders]  as  aforesaid,  and  to  take  and  hold  ["him"  or 
"them"]  in  your  custody,  and  conduct  ["him"  or  "them"" 
from  such  place  of  delivery  [to  what  country  the  flight  has 
been  made],  by  the  most  direct  and  convenient  means  of 
transportation,  to  and  into  the  United  States,  there  to  sur- 
render the  said  [name  or  names  of  offender  or  offenders]  to 
the  proper  authorities  of  the  [name  of  the  State  making  the 
request] . 

For  all  of  which  these  Presents  shall  be  your  sufficient 
warrant. 

In  testimony  whereof,  I  have  hereunto  signed  my  name  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  day  of  , 

A.  D.,  18     ,  and  of  the  Independence  of  the  United  States 
the  one  hundred  and 


[seal.] 
By  the  President : 

> 

Secretary  of  State. 

The  forms  quoted  above  have  been  printed  for  the 
past  twenty-six  years.     Prior  to  that  the  warrants 


TREATIES— EXTRADITION  409 

were  written  out.  Before  leaving  the  Department,  the 
extradition  warrants  are  recorded  in  three  books, 
entitled,  variously,  "Warrants  of  Arrest,"  "Warrants 
of  Surrender,"  and  "President's  Warrants."  These 
date  back  only  to  1862,  the  warrants  before  that  time 
being  recorded  in  the  volumes  of  pardons  issued  by 
the  Department. 

The  instructions  on  the  subject  of  extradition  are 
embodied  in  the  following  circular : 

Memorandum  Relative  to  Applications  for  the  Extradi- 
tion from  Foreign  Countries  of  Fugitives  from 
Justice 

Department  of  State, 

Washington,  October,  1892. 

Extradition  will  only  be  asked  from  a  government  with 
which  the  United  States  has  an  extradition  treaty,  and  only 
for  an  offense  specified  in  the  treaty. 

All  applications  for  requisitions  should  be  addressed  to 
the  Secretary  of  State,  accompanied  by  the  necessary  papers 
as  herein  stated.1  When  extradition  is  sought  for  an  offense 
within  the  jurisdiction  of  the  State  or  Territorial  courts,  the 
application  must  come  from  the  Governor  of  the  State  or 
Territory.  When  the  offense  is  against  the  United  States, 
the  application  should  come  from  the  Attorney-General. 

In  every  application  for  a  requisition  it  must  be  made  to 
appear  that  one  of  the  offenses  enumerated  in  the  extradition 
treaty  between  the  United  States  and  the  government  from 
which  extradition  is  sought  has  been  committed  within  the 

i  The  only  exception  is  found  in  the  treaty  with  Mexico,  under  which, 
in  the  case  of  crimes  committed  in  the  frontier  States  or  Territories, 
requisitions  may  be  made  directly  by  the  proper  authorities  of  the 
State  or  Territory.  (Article  2,  treaty  with  Mexico,  concluded  December 
11,  1861.) 


410  THE  DEPARTMENT  OF  STATE 

jurisdiction  of  the  United  States,  or  of  some  one  of  the  States 
or  Territories,  and  that  the  person  charged  therewith  is 
believed  to  have  sought  an  asylum  or  has  been  found  within 
the  dominions  of  such  foreign  government. 

The  extradition  treaties  of  the  United  States  ordinarily 
provide  that  the  surrender  of  a  fugitive  shall  only  be  granted 
upon  such  evidence  of  criminality  as,  according  to  the  laws 
of  the  place  where  the  fugitive  or  person  so  charged  shall  be 
found,  would  justify  his  or  her  commitment  for  trial  if  the 
crime  or  offense  had  been  there  committed. 

If  the  person  whose  extradition  is  desired  has  been  con- 
victed of  a  crime  or  offense  and  escaped  thereafter,  a  duly 
authenticated  copy  of  the  record  of  conviction  and  sentence 
of  the  court  is  ordinarily  sufficient. 

If  the  fugitive  has  not  been  convicted,  but  is  merely  charged 
with  crime,  a  duly  authenticated  copy  of  the  indictment  or 
information,  if  any,  and  of  the  warrant  of  arrest  and  return 
thereto,  accompanied  by  a  copy  of  the  evidence  upon  which 
the  indictment  was  found,  or  the  warrant  of  arrest  issued, 
or  by  original  depositions  setting  forth  as  fully  as  possible 
the  circumstances  of  the  crime,  are  usually  necessary.  Many 
of  our  treaties  require  the  production  of  a  duly  authenticated 
copy  of  the  warrant  of  arrest  in  this  country;  but  an  indict- 
ment, information,  or  warrant  of  arrest  alone,  without  the 
accompanying  proofs,  is  not  ordinarily  sufficient.  It  is  desir- 
able to  make  out  as  strong  a  case  as  possible,  in  order  to  meet 
the  contingencies  of  the  local  requirements  at  the  place  of 
arrest. 

If  the  extradition  of  the  fugitive  is  sought  for  several 
offenses  copies  of  the  several  convictions,  indictments,  or 
informations,  and  of  the  documents  in  support  of  each  should 
be  furnished. 

Applications  for  the  extradition  of  a  fugitive  should  state 
his  full  name,  if  known,  and  his  alias,  if  any,  the  offense  or 
offenses,  in  the  language  of  the  treaty,  upon  which  his  extra- 
dition is  desired,  and  the  full  name  of  the  person  proposed 


TREATIES— EXTRADITION  411 

for  designation  by  the  President  to  receive  and  convey  the 
prisoner  to  the  United  States. 

As  the  application  proper  is  desired  solely  by  the  Depart- 
ment as  a  basis  for  its  action,  and  is  retained  by  it,  it  is  not 
necessary  that  it  should  be  attached  to  the  evidence. 

Copies  of  the  record  of  conviction,  or  of  the  indictment, 
or  information,  and  of  the  warrant  of  arrest,  and  the  other 
papers  and  documents  going  to  make  up  the  evidence  are 
required  by  the  Department,  in  the  first  instance,  as  a  basis 
for  requesting  the  surrender  of  the  fugitive,  but  chiefly  in 
order  that  they  may  be  duly  authenticated  under  the  seal  of 
the  Department,  so  as  to  make  them  receivable  as  evidence 
where  the  fugitive  is  arrested,  upon  the  question  of  his 
surrender. 

Copies  of  all  papers  going  to  make  up  the  evidence,  trans- 
mitted as  herein  required,  including  the  record  of  conviction, 
or  the  indictment,  or  information,  and  the  warrant  of  arrest, 
must  be  duly  certified  and  then  authenticated  under  the  great 
seal  of  the  State  making  the  application  or  the  seal  of  the 
Department  of  Justice,  as  the  case  may  be;  and  this  Depart- 
ment will  authenticate  the  seal  of  the  State  or  of  the 
Department  of  Justice.  For  example,  if  a  deposition  is  made 
before  a  justice  of  the  peace,  the  official  character  of  the 
justice  and  his  authority  to  administer  oaths  should  be 
attested  by  the  county  clerk  or  other  superior  certifying 
officer ;  the  certificate  of  the  county  clerk  should  be  authenti- 
cated by  the  Governor  or  Secretary  of  State  under  the  seal 
of  the  State,  and  the  latter  will  be  authenticated  by  this 
Department.  If  there  is  but  one  authentication,  it  should 
plainly  cover  all  the  papers  attached. 

All  of  the  papers  herein  required  in  the  way  of  evidence 
must  be  transmitted  in  duplicate,  one  copy  to  be  retained  in 
the  files  of  the  Department,  and  the  other,  duly  authenticated 
by  the  Secretary  of  State,  will  be  returned  with  the  Presi- 
dent's warrant,  for  the  use  of  the  agent  who  may  be  desig- 
nated to  receive  the  fugitive.    As  the  Governor  of  the  State, 


412  THE  DEPARTMENT  OF  STATE 

or  the  Department  of  Justice,  also  ordinarily  requires  a  copy, 
prosecuting  attorneys  should  have  all  papers  made  in 
triplicate. 

By  the  practice  of  some  of  the  countries  with  which  the 
United  States  has  treaties,  in  order  to  entitle  copies  of 
depositions  to  be  received  in  evidence  the  party  producing 
them  is  required  to  declare  under  oath  that  they  are  true 
copies  of  the  original  depositions.  It  is  desirable,  therefore, 
that  such  agent,  either  from  a  comparison  of  the  copies  with 
the  originals,  or  from  having  been  present  at  the  attestations 
of  the  copies,  should  be  prepared  to  make  such  declaration. 
When  the  original  depositions  are  forwarded,  such  declaration 
is  not  required. 

Applications  by  telegraph  or  letter  are  frequently  made  to 
this  Department  for  its  intervention  to  obtain  the  provisional 
arrest  and  detention  of  fugitives  in  foreign  countries,  in 
advance  of  the  presentation  of  the  formal  proofs  upon  which 
a  demand  for  their  extradition  may  be  based.  Such  applica- 
tions should  state  specifically  the  name  of  the  fugitive,  the 
offense  with  which  he  is  charged,  the  circumstances  of  the 
crime  as  fully  as  possible,  and  a  description  and  identification 
of  the  accused.  It  is  always  helpful  to  show  that  an  indict- 
ment has  been  found  or  a  warrant  of  arrest  has  been  issued 
for  the  apprehension  of  the  accused.  In  Great  Britain  the 
practice  makes  it  essential  that  it  shall  appear  that  a  warrant 
of  arrest  has  been  issued  in  this  country. 

Care  should  be  taken  to  observe  the  provisions  of  the 
particular  treaty  under  which  extradition  is  sought,  and  to 
comply  with  any  special  provisions  contained  therein.  The 
extradition  treaties  of  the  United  States  may  be  found  in  the 
several  volumes  of  the  Statutes  at  Large,  in  the  "Revised 
Statutes  of  the  United  States,  relating  to  the  District  of 
Columbia  and  Post  Roads,  together  with  Public  Treaties  in 
force  on  the  1st  day  of  December,  1873,"  and  in  the  volume 
of  Public  Treaties,  1887.  Copies  of  individual  treaties  will 
be  furnished  by  the  Department  upon  application. 


TREATIES— EXTRADITION  413 

If  the  offense  charged  be  a  violation  of  a  law  of  a  State  or 
Territory,  the  agent  authorized  by  the  President  to  receive 
the  fugitive  will  be  required  to  deliver  him  to  the  authorities 
of  such  State  or  Territory.  If  the  offense  charged  be  a 
violation  of  a  law  of  the  United  States,  the  agent  will  be 
required  to  deliver  the  fugitive  to  the  proper  authorities  of 
the  United  States  for  the  judicial  district  having  jurisdiction 
of  the  offense. 

Where  the  requisition  is  made  for  an  offense  against  the 
laws  of  a  State  or  Territory,  the  expenses  attending  the  appre- 
hension and  delivery  of  the  fugitive  must  be  borne  by  such 
State  or  Territory.  Expenses  of  extradition  are  defrayed  by 
the  United  States  only  when  the  offense  is  against  its  own 
laws. 

A  strict  compliance  with  these  requirements  may  save 
much  delay  and  expense  to  the  party  seeking  the  extradition 
of  a  fugitive  criminal. 

Special  detailed  instructions  for  extraditions  from 
Mexico  were  issued,  April  10,  1900,  and  for  Great 
Britain,  May,  1890. 

The  last  instruction  was : 

Department  op  State 

Washington,  June  4,  1906. 
His  Excellency 
The  Governor  of 


Sir: 

In  view  of  certain  irregularities  which  have  sometimes 
occurred  in  connection  with  the  return  to  the  United  States 
from  foreign  countries  of  fugitives  from  justice,  applications 
for  extradition  of  such  fugitives  which  are  addressed  to  the 
Secretary  of  State  should  hereafter  state  that  such  application 
is  made  solely  for  the  purpose  or  purposes  expressed  therein, 
and  not  for  the  purpose  of  enforcing  the  collection  of  a  debt, 


414  THE  DEPARTMENT  OF  STATE 

or  of  avoiding  the  penalty  of  a  bail  bond,  or  for  any  private 
purpose  whatever,  and  that  if  the  application  be  granted  the 
criminal  proceedings  shall  not  be  used  for  any  of  said  pur- 
poses. A  form  of  certificate  is  hereto  subjoined,  and  a 
separate  blank  for  your  use  is  enclosed. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

Robert  Bacon, 

Acting  Secretary 

CERTIFICATE 

I,  ,  Governor  of  ,  do  hereby 

certify  that  the  accompanying  application  presented  by  me 
on  behalf  of  the  of  ,  for  the  extra- 

dition of  from  ,  is  made  solely  for  the 

purpose  of  securing  his  trial  and  punishment  for  the  offense 
of 

and  not  in  order  to  enforce  the  collection  of  a  debt,  or  to 
avoid  the  penalty  of  a  bail  bond,  or  for  any  private  purpose 
whatever,  and  that  if  the  application  be  granted  the  criminal 
proceedings  shall  not  be  used  for  any  of  said  purposes. 


Governor  of 

The  entire  management  of  extradition  questions 
belongs  immediately  to  the  Solicitor's  Office.  The 
warrants  are  prepared  by  the  Bureau  of  Appoint- 
ments on  his  order,  and  the  papers  are  filed  in  the 
Index  Bureau,  which  has  in  its  custody  the  great  body 
of  the  Department's  records. 

The  most  difficult  task  in  the  Department's  internal 
administration  has  been  to  find  a  satisfactory  system 
of  indexing,  filing,  and  recording  its  correspondence. 


TREATIES— EXTRADITION  415 

Old  correspondence  is  more  often  used  in  current 
negotiations  in  this  Department  than  in  any  other. 
Recently  the  most  conspicuous  international  question 
before  the  people  involved  the  construction  of  a  treaty 
made  with  Eussia  in  1832,  and  the  history  of  the  treaty 
extends  back  of  that  date.  A  few  years  ago  the  fish- 
eries question  with  Great  Britain  was  arbitrated  at 
The  Hague.  It  goes  back  to  a  period  before  American 
independence.  It  is,  therefore,  necessary  for  the 
efficient  conduct  of  the  Department's  business  that  all 
of  its  correspondence  be  preserved,  no  matter  how  old 
it  may  be,  and  that  it  be  accessible  for  present-day 
purposes. 

Although  the  arrangement  of  1833  made  the  Bureau 
of  Archives,  Laws  and  Commissions,1  all  the  archives 
of  the  Department  were  not  then  concentrated  in  that 
bureau,  the  diplomatic  archives  being  under  the 
Diplomatic  Bureau  and  the  consular  under  the  Con- 
sular Bureau.  The  miscellaneous  archives  passed 
sometime  after  1833  to  the  keeping  of  the  Librarian 
of  the  Department;  then,  under  Secretary  Fish's 
arrangement  of  1870,  to  the  Chief  Clerk's  Bureau; 
then,  in  1874,  to  the  Bureau  of  Indexes  and  Archives. 
That  bureau  took  over,  at  the  same  time,  the  diplomatic 
and  consular  archives.  It  did  not  take  the  applica- 
tions for  office,  which  remained,  where  they  now  are, 
in  the  Commission  or  Appointment  Bureau,  nor  the 
passport  applications  and  correspondence,  which 
remained  where  they  now  are,  in  the  Passport  or 
Citizenship  Bureau. 

i  Ante,  p.  221. 


416  THE  DEPARTMENT  OF  STATE 

The  diplomatic  and  consular  archives  have  been 
divided  from  the  beginning  into  two  general  classes, 
instructions  to  diplomatic  and  consular  agents  and 
despatches  from  them,  the  former  being  recorded  in 
books,  the  latter  bound  in  large  volumes.  The  diplo- 
matic instructions  were  recorded  in  chronological 
order,  all  countries  being  together,  until  1833,  since 
which  date  each  country  has  had  a  separate  series  of 
record  books.1  The  record  books  had  an  index  from 
1789  to  1870  in  the  front  of  each  book;  after  1870  all 
the  indexing  was  in  separate  folio  books,  one  for 
diplomatic  incoming  communications,  one  for  diplo- 
matic outgoing  mail,  and  the  same  system  for  consular 
and  miscellaneous  communications,  making  six  index 
books  in  all.  The  indexes  to  the  despatches  to  the 
Department  from  diplomatic  and  consular  officers 
were  in  separate  volumes  up  to  1870.  The  notes  from 
the  Department  to  foreign  ministers  were  recorded 
with  the  domestic  correspondence  from  1789  to  1804; 
then  in  volumes  by  themselves,  all  countries  being 
together  up  to  1834;  but  since  then  each  country  has 
had  a  separate  series  of  record  books.  They  were 
indexed  in  the  front  of  each  volume  till  1870.  The 
notes  from  foreign  ministers  to  the  Secretary  of  State 
have  always  been  bound  by  countries,  but  there  were 
no  indexes  from  1789  to  1828 ;  then  they  were  indexed 
with  the  despatches  until  1870.  Instructions  to  consuls 
from  1789  to  1800  were  recorded  among  the  domestic 
letters ;  since  then  they  have  had  separate  record  books 
and  the  indexing  has  been  on  very  much  the  same 

i  Inventory  of  Archives  (Confidential),  1897. 


TREATIES— EXTRADITION  417 

system  as  the  diplomatic  correspondence.  The  mis- 
cellaneous archives  are  divided  into  domestic  letters, 
miscellaneous  volumes,  and  miscellaneous  papers. 
The  Domestic  Letters  are  the  recorded  letters  from 
the  Department,  the  first  four  volumes  from  1784  to 
1792  being  called  American  Letters;  thereafter  the 
existing  nomenclature  was  employed.  Up  to  1870  each 
volume  contained  a  general  index  of  persons  to  whom 
the  letters  were  written  and  there  were  separate  index 
books  for  some  periods  until  1870.  The  Miscellaneous 
Letters  are  the  domestic  letters  to  the  Department, 
all  bound  chronologically,  of  which  indexes  were  made 
in  recent  years,  that  from  1789  to  1820  being  printed 
by  the  Department  for  confidential  use  in  1897.  There 
were  also  indexes  for  scattered  periods  up  to  1870. 

The  Report  Books  are  recorded  letters  from  the 
Department  or  the  President  to  the  Senate  or  House 
of  Representatives  on  Department  subjects  beginning 
with  1790.  Up  to  1870  each  volume  had  its  index; 
since  then  they  are  indexed  as  part  of  the  miscella- 
neous correspondence.  The  miscellaneous  volumes 
include  papers  pertaining  to  claims,  international 
congresses,  arbitration,  territorial  papers,  reports 
from  special  agents,  international  expositions,  reports 
of  commissions,  etc.  The  miscellaneous  papers  are 
archives  of  the  same  character  in  packages  not  bound. 

The  establishment  of  the  folio  index  books  in  1870 
centralizing  the  indexing  of  the  correspondence,  fol- 
lowed by  the  concentration  of  the  archives  themselves 
in  1874,  marked  an  important  development  in  Depart- 
ment system.    The  system  then  inaugurated  continued 


418  THE  DEPARTMENT  OF  STATE 

in  use  for  thirty-five  years,  but  as  the  correspondence 
increased  in  volume,  it  was  found  to  be  insufficient, 
mainly  because  of  the  difficulty  of  bringing  together 
all  the  papers,  diplomatic,  consular,  and  miscellaneous, 
which  pertained  to  a  given  subject.  Accordingly, 
under  Secretary  Root's  order  in  1909,  a  new  system 
of  numerical  subjective  filing,  somewhat  on  the  order 
of  a  modern  library  system  of  classification,  was 
inaugurated.  It  was  modified  the  following  year  and 
brought  to  further  perfection.  The  explanation  by 
John  R.  Buck,  Chief  of  the  Bureau  of  Indexes  and 
Archives,  printed  for  the  Department's  use,  is  as 
follows : 

The  present  classification  of  the  correspondence  of  record 
in  the  Bureau  of  Indexes  and  Archives  is  so  devised  that  the 
arrangement  of  the  file  itself  serves  the  general  purposes  of 
a  subject  index.  Conversely,  the  subject-matter  of  a  given 
paper  determines  the  filing  place  of  the  paper  and  therefore 
its  file  number. 

The  nine  primary  classes  of  the  file  are : 

Class  0.     General. 

Class  1.     Administration,    Government    of    the    United 

States. 
Class  2.     Extradition. 
Class  3.     Protection  of  Interests. 
Class  4.     Claims. 
Class  5.     International     Congresses     and     Conferences. 

International  Treaties. 
Class  6.     Commerce.     Commercial  Relations. 
Class  7.     Political  Relations  of  States. 
Class  8.     Internal  Affairs  of  States. 

Each  of  these  classes  is  divided,  according  to  the  decimal 
system,  until  each  distinct  subject  has  its  own  file  number. 


TREATIES— EXTRADITION  419 

This  file  number  consists  of  at  least  three  figures  and  a 
decimal  point,  the  point  always  following  the  third  figure, 
save  that  where  a  letter  is  appended  to  the  third  figure  the 
point  is  placed  after  the  letter.  In  every  class  except  5 
correspondence  is  arranged,  to  a  greater  or  less  extent,  accord- 
ing to  the  country  concerned,  as  per  table  appended  to  the 
classification,  wherein  all  independent  countries  and  many 
smaller  political  divisions  have  their  respective  numbers,  each 
consisting  of  two  figures  or  two  figures  and  one  letter. 

The  indication  for  the  insertion  of  a  country  number  is 
the  occurrence  in  the  classification  of  two  stars  or  daggers, 
and  the  significance  of  these  marks  on  the  respective  pages 
of  the  classification  is  appropriately  explained. 

A  similar  table,  likewise  appended  to  the  classification, 
assigns  a  three-figure  number  to  each  principal  consular  office 
of  the  United  States,  space  being  left  for  the  inclusion  of 
offices  hereafter  to  be  established.  A  consulate  number  is 
indicated  by  three  stars. 

CLASS  0.     GENERAL.     MISCELLANEOUS 

In  this  class  appear  matters  which  apply  to  the  files  and 
records  of  the  Bureau  in  general,  as  inventories  and  press- 
copy  books;  matters  of  an  ephemeral  nature,  and  therefore 
not  worthy  of  more  particular  classification ;  and  some  divi- 
sions which  touch  on  the  subject-matter  of  two  or  more  of 
the  succeeding  classes  but  are  more  conveniently  arranged 
by  themselves. 

CLASS   1.     ADMINISTRATION,   GOVERNMENT   OF   THE 
UNITED  STATES 

This  class  comprises  matters  pertaining  to  the  Government 
of  the  United  States  of  a  nature  requiring  further  elaboration 
than  is  feasible  in  the  succeeding  classes,  in  which  theoreti- 
cally they  belong.  Thus,  Citizenship  of  the  United  States 
(811.012)  becomes  a  division  of  Class  1,  as  130.     Documen- 


420  TEE  DEPARTMENT  OF  STATE 

tation   of  merchandise   under   United    States   customs   laws 
(611.0023)  becomes  140  in  Class  1. 

CLASS  2.     EXTRADITION 

Extradition  cases  are  arranged  by  countries.  The  country 
number  immediately  following  the  class  number  indicates  the 
country  from  which  rendition  is  sought.  After  the  decimal 
point  appears  the  number  of  the  demanding  country.  Thus, 
under  212.11  are  found  all  cases  of  extradition  from  Mexico 
to  the  United  States.  Inversely,  211.12  includes  all  cases 
from  the  United  States  to  Mexico.  Under  each  number 
individual  cases  are  arranged  alphabetically. 

For  convenience  this  class  includes  also  cases  in  which 
prosecution  of  a  person  in  one  country  for  crime  committed 
in  another  is  proposed  or  requested.  In  these  cases  the 
number  of  the  former  country  precedes  the  decimal  point  and 
that  of  the  latter  follows  a  zero  after  the  point.  Thus,  265.011 
would  signify  prosecutions  in  Italy  (in  lieu  of  extradition) 
of  persons  charged  with  crimes  committed  in  the  United 
States. 

CLASS  3.  PROTECTION  OF  INTERESTS 

Class  3  covers  private  interests  in  general  and  their  protec- 
tion. Immediately  after  the  class  number  comes  the  number 
of  the  country  in  which  the  interest  is  jeopardized  or  in  which 
protection  is  sought.  After  the  decimal  point  comes  the 
country  number  of  the  nationality  of  the  interest. 

The  sixth  figure  of  the  file  number  indicates  the  general 
category  in  which  the  case  in  question  falls.  Further  arrange- 
ment is  made  alphabetically  under  the  name  of  the  party  in 
interest. 

Correspondence  looking  to  the  procurement  of  a  concession 
or  permit  to  do  business  in  a  country  belongs  in  Class  8  rather 
than  Class  3.  Thus,  the  application  of  an  American  life- 
insurance  company  for  a  license  to  operate  in  a  foreign 
country  is  classified  as  8**. 506. 


TREATIES— EXTRADITION  421 

CLASS  4.     CLAIMS 

The  arrangement  of  this  class  is  similar  to  that  of  Class  2, 
Extradition,  the  number  of  the  country  against  which  the 
claim  is  made  following  the  class  number,  while  the  country- 
number  after  the  point  indicates  the  nationality  of  the  claim. 
All  claims  falling  into  each  such  division  are  arranged 
alphabetically  under  the  name  of  the  claimant. 

A  special  arrangement  is  here  made  for  those  categories  of 
claims  which,  originally  lying  against  another  government, 
are  ultimately  assumed  by  the  government  of  the  nationality 
of  the  claim,  as  against  itself ;  thus :  French  Spoliation  Claims, 
411.051 ;  Spanish  Treaty  Claims,  411.052. 

CLASS  5.  INTERNATIONAL  CONGRESSES  AND  CONFER- 
ENCES. INTERNATIONAL  TREATIES 

In  this  class  are  grouped  matters  of  common  interest  to  the 
governments  or  the  people  of  several  countries,  whether 
forming  the  subject  of  treaty  engagements  or  not.  Exception, 
however,  is  made  of  conferences,  etc.,  particularly  affecting 
the  affairs  of  a  single  state,  as  the  Algeciras  Conference  of 
1905,  which  is  classed  with  political  affairs  in  Morocco. 

The  arrangement  of  this  class  for  convenience  is  made  to 
correspond  to  the  arrangement  of  Class  8,  since  the  ground 
covered  is  substantially  the  same.  A  few  special  numbers  are 
provided,  however,  at  the  beginning  of  the  class  for  broad 
questions  of  international  relations. 

CLASS  6.     COMMERCE.     COMMERCIAL  RELATIONS 

This  class  treats  of  the  trade  of  a  country,  its  customs 
administration,  import  and  export  duties,  export  bounties, 
pure-food  laws,  etc.,  and  their  bearing  on  the  commerce  of 
other  countries. 

The  country  number  immediately  following  the  class 
number  is  invariably  that  of  the  importing  country;  that 
after  the  decimal  point  the  exporting  country ;  thus : 


422  THE  DEPARTMENT  OF  STATE 

641.00     Imports  of  Great  Britain. 

641.11  J  Imports  of  Great  Britain  from  the  United  States. 

J  Exports  of  the  United  States  to  Great  Britain. 
600.11     Exports  of  the  United  States. 

The  sixth  digit  of  the  file  number  indicates:  1,  general 
conditions  affecting  commerce,  divided  as  between  import  and 
export  trade ;  2,  3,  4,  5,  and  6,  laws  and  regulations  of  the 
importing  country ;  7,  8,  and  9,  laws,  etc.,  of  the  exporting 
country ;  thus : 

662.003     German  import  tariff. 

662.113     German    import    tariff    in    its    application    to 

American  commerce. 
611.514    Food  and  drugs  act  of  the  United  States,  as 

applied  to  imports  from  France. 
600.618     Export  bounties  granted  by  Russia. 

The  subject  of  commercial  relations  is  made  subordinate 
to  that  of  customs,  tariffs ;  thus : 

611.6231  Commercial  relations  between  the  United  States 
and  Germany. 

CLASS  7.     POLITICAL  KELATIONS  OF  STATES 

Class  7  comprises  international  relations,  diplomatic  and 
consular  representation,  etc.  While  most  treaties  and  con- 
ventions are  included  therein,  exceptions  are  made,  as  the 
following : 

Extradition  treaties,  Class  2. 
Claims  conventions,  Class  4. 
International  treaties,  Class  5. 
Tariff  convention,  Class  6. 
Postal  conventions,  Class  8. 

The  subdivision  701  deals  with  diplomatic  representation. 
Immunities,  etc.,  come  under  701.01  to  701.09.  The  number 
701.**  indicates  the  diplomatic  service  of  a  country,  701.** ft 


TREATIES— EXTRADITION  423 

its  mission  near  the  Government  of  the  country  ft,  while  the 
body  of  foreign  representatives  (diplomatic  corps)  in  a 
country  is  indicated  by  the  number  701.00ft. 

Under  702  is  similarly  treated  the  subject  of  consular 
representation. 

The  exercise  of  good  offices  by  the  legation  of  the  United 
States  on  behalf  of  the  interests  of  France  (51)  in 
Venezuela  (31)  would  be  indicated  by  the  number  704.5131. 

The  broad  relations  of  one  state  with  another  are  indicated 
by  the  two  country  numbers  following  the  class  number,  7, 
the  smaller  number  preceding  and  the  greater  following  the 
decimal  point ;  thus : 

761.93     Relations  between  Russia  and  China. 

CLASS  8.     INTERNAL  AFFAIRS  OF  STATES 

This  class,  with  a  few  exceptions,  is  confined  to  purely 
internal  matters. 

In  Class  8,  where  two  country  numbers  are  used  in  a  single 
file  number,  the  smaller  number  precedes  the  greater,  except 
where  another  order  is  specified.1 

Having  considered  the  main  functions  of  the  Depart- 
ment it  remains  to  indicate  how  they  are  distributed. 
The  distribution  of  1911  is  taken.  It  has  undergone 
some  slight  modification  recently,  but  no  permanent 
readjustment  has  been  reached  at  the  present  time.2 

The  Secretary,  Assistant  Secretaries,  Solicitor,  and 
Counsellor  have  general  authority  over  the  whole 
Department.  Specifically,  the  Secretary  and  Assistant 
Secretary  supervise  all  the  other  officers,  divisions, 
and  bureaus.    Under  the  Second  Assistant  Secretary 

i  Classification  of  Correspondence,  1911. 

2  Outline  of  the  Organization  and  Work  of  the  Department  of  State, 
1911. 


424  THE  DEPARTMENT  OF  STATE 

is  the  diplomatic  branch  of  the  Department's  affairs; 
under  the  Solicitor  the  Bureau  of  Citizenship;  under 
the  Third  Assistant  Secretary  the  Bureau  of  Rolls  and 
Library,  Bureau  of  Accounts,  and  Diplomatic  Bureau 
in  part;  under  the  Director  of  the  Consular  Service 
the  Consular  Bureau  and  Office  of  Trade  Relations; 
under  the  Chief  Clerk  the  translators,  printing  office, 
stationery  room,  telephone  room,  carpenter,  lithog- 
rapher, mail  room,  dispatch  agents,  and  stables. 
The  Division  of  Far  Eastern  Affairs  has  charge  of 
interests  other  than  of  an  administrative  nature 
in  Japan,  China,  Siberia,  Hongkong,  French  Indo- 
China,  Siam,  the  Straits  Settlements,  Borneo,  East 
Indies,  and  India.  The  Division  of  Near  Eastern 
Affairs  has  similar  jurisdiction  in  Germany,  Austria- 
Hungary,  Russia,  Roumania,  Servia,  Bulgaria,  Monte- 
negro, Turkey,  Greece,  Italy,  Abyssinia,  Persia, 
Egypt,  and  colonies  of  those  countries.  The  Western 
European  Division  has  Great  Britain  and  colonies, 
Portugal,  Spain,  France,  Morocco,  Belgium,  the 
Congo,  Switzerland,  Norway,  Sweden,  the  Nether- 
lands, Luxemburg,  Denmark,  and  Liberia.  The 
Diplomatic  Bureau  has  the  administration  of  the 
diplomatic  service  at  large,  its  personnel,  ceremonial 
matters,  the  formalities  of  treaty-making,  and  mis- 
cellaneous correspondence  relating  to  diplomatic 
affairs.  The  Consular  Bureau  has  similar  juris- 
diction over  the  consular  corps.  The  Office  of  Trade 
Relations  has  supervision  of  trade  reports  and  trade 
correspondence  of  American  consular  and  diplomatic 
affairs,   the   compilation   of   commercial   information 


TREATIES— EXTRADITION  425 

and  drafting  of  official  correspondence  on  commercial 
questions.  The  Bureau  of  Appointments  has  charge 
of  all  applications,  examinations,  and  appointments  to 
office,  makes  out  commissions  and  nominations,  makes 
out  and  records  extradition  warrants,  prepares  the 
Department  registers  and  has  the  custody  of  the  great 
seal.  The  Bureau  of  Citizenship  has  the  issuance  of 
passports  at  home  and  abroad  under  its  supervision, 
and  consideration  of  questions  of  citizenship  and 
protection  of  Americans  abroad,  registrations  and 
authentications,  and  has  custody  of  the  Department 
seal.  The  Division  of  Information  collects  and  pre- 
pares information  concerning  our  foreign  affairs, 
which  is  sent  to  diplomatic  and  consular  officers.  The 
Bureau  of  Accounts  manages  the  Department  finances, 
receiving  and  disbursing  its  funds,  managing  the 
accounts  of  all  kinds,  diplomatic,  consular,  Depart- 
mental, and  international  indemnity  trust  funds.  The 
Bureau  of  Eolls  and  Library  manages  the  library, 
books,  documents,  orders,  laws,  and  certain  miscella- 
neous archives  which  have  been  described.  The  Law 
Clerk  prepares  the  laws  for  publication.  The  Bureau 
of  Indexes  and  Archives  records,  distributes,  files,  and 
indexes  the  Department  correspondence.  The  mailing 
section  of  the  Department  forwards  and  receives  all 
mail,  domestic  and  foreign,  the  latter  including  the 
official  mail  which  goes  in  sealed  pouches  to  American 
diplomatic  officers.  The  translators  translate  all 
official  correspondence  that  may  be  sent  to  them.  The 
foreign  languages  employed  by  diplomatic  officers 
in  Washington  are  French,  German,  Italian,  Spanish, 


426  TEE  DEPARTMENT  OF  STATE 

and  Portuguese.  The  Russian  representative  uses 
French  or  English,  the  Turkish,  Japanese,  and  Chinese 
use  English.  Letters  come  to  the  Department  in 
many  languages,  however — Swedish,  Norwegian, 
Polish,  Russian,  Magyar,  Greek,  Hungarian,  Chinese, 
Japanese,  and  Hebrew  being  among  them. 


^UUAjl 


CHAPTER  XVII 

BUILDINGS  OCCUPIED 

\ 

THE  first  meeting  place  of  the  Congress,  where  j 
the  plan  for  the  conduct  of  our  foreign  affairs 
was  first  taken  into  consideration,  was  Carpenters' 
Hall,  a  building  which  had  been  constructed  for  the 
Society  of  House  Carpenters  of  Philadelphia.  It 
stands  at  the  end  of  an  alley,  south  from  Chestnut 
Street,  between  Third  and  Fourth  Streets.  The  lower 
floor,  consisting  of  one  large  room,  was  occupied  by 
the  Congress,  and  the  rooms  in  the  second  story 
by  committees.  From  Carpenters'  Hall  the  govern- 
ment went  to  what  has  ever  since  been  known  as 
Independence  Hall. 

As  soon  as  the  Department  of  Foreign  Affairs  was 
organized  under  Livingston,  it  took  possession  of  a 
small  house  in  Philadelphia,  owned  by  Peter  S.  Du 
Ponceau,  No.  13  South  Sixth  Street,  on  the  eastern 
side.  Livingston's  office  was  in  the  front  room  of  the 
second  floor,  and  in  the  back  room  were  the  under- 
secretaries, while  the  clerks  and  interpreters  occupied 
the  room  on  the  ground  floor.  This  building  was 
demolished  in  1846.  It  was  occupied  as  the  Office  of 
Foreign  Affairs  from  the  latter  part  of  1781  up  to 
June,  1783,  when  the  Department  was  practically 
suspended  until  Jay  took  control  of  it  in  1785. 


(a) 


■i-js  THE  DEPARTMENT  OF  STATE 


In  January,  1785,  the  seat  of  government  being 
moved  to  New  York,  the  Department  of  Foreign 
Affairs  found  quarters  in  the  famous  Fraunce's 
Tavern,  in  the  long  room  of  which  Washington  had 
taken  farewell  of  the  generals  of  the  Revolution  at  the 
close  of  the  war.  Here  it  remained  till  1788,  when  it 
moved  to  the  west  side  of  Broadway,  in  a  house  owned 
by  Philip  Livingston,  near  the  Battery.  Later  it  was 
moved  to  another  house  on  the  same  street  on  the 
opposite  side. 

The  capital  having  been  again  located  at  Phila- 
delphia, the  Department  took  up  its  abode  first  on 
Market  Street,  then  on  the  southeast  corner  of  Arch 
and  Sixth  Streets,  then  in  North  Alley,  and  finally  at 
the  northeast  corner  of  Fifth  and  Chestnut  Streets, 
where  it  remained  until  it  was  moved  to  Washington, 
except  for  an  interval  of  three  months  from  August 
to  November,  1798,  when  it  occupied  the  State  House 
at  Trenton,  N.  J.,  the  office  being  moved  from  Phila- 
dephia  on  account  of  an  epidemic  of  yellow  fever. 

On  June  1,  1800,  the  archives  were  lodged  in  the 
Treasury,  the  only  building  sufficiently  completed  to 
receive  them,  and  August  27  were  placed  in  one 
of  the  "six  buildings"  on  Pennsylvania  Avenue  and 
Twentieth  Street.  In  May,  1801,  the  offices  were 
placed  in  the  large  brick  building  on  Seventeenth 
Street,  opposite  G  Street,  known  as  the  War  Office, 
and  here  they  remained  up  to  December,  1819,  with 
an  interval  from  September,  1814,  to  April,  1816,  when 
it  occupied  a  building  on  the  south  side  of  G  Street, 
near  Eighteenth,   pending  the   repair  of  its   former 


BUILDINGS  OCCUPIED  429 

building,  which  had  been  demolished  in  the  invasion 
of  the  city  by  the  British  troops. 

In  January,  1820,  the  offices  were  moved  to  the 
corner  of  Fifteenth  Street  and  Pennsylvania  Avenue, 
the  site  now  covered  by  the  north  wing  of  the  United 
States  Treasury,  and  there  it  remained  up  to  October, 
1866,  when  it  leased  the  premises  then  belonging,  as 
now,  to  the  Washington  Orphan  Asylum,  on  Four- 
teenth Street,  near  S  Street.  It  remained  there  until 
July,  1875,  when  it  was  removed  to  its  present 
quarters,  which  constitute  the  south  wing  of  the  State, 
War,  and  Navy  Building. 

When  it  first  moved  to  its  present  home  it  did  not 
fill  the  whole  building  and  all  the  space  above  the  third 
floor  was  given  over  to  the  storage  of  newspapers  and 
books,  while  about  a  fourth  part  of  the  basement  and 
first  floor  were  not  used.  The  latter  space  was  given 
to  the  Navy  Department,  and  when  the  newspapers 
were  moved  to  the  Library  of  Congress  the  fourth 
floor  and  attic  of  the  Department 's  wing  were  occupied 
by  the  War  Department.  This  arrangement  proved 
in  the  end  most  unfortunate.  Had  the  Department 
retained  the  whole  wing  originally  allotted  to  it,  all 
of  its  offices  might  even  now  be  under  the  same  roof 
and  the  increasing  embarrassment  to  its  business  by 
overcrowding  and  separation  might  have  been 
avoided.  The  quarters  which  it  occupied  were  reason- 
ably sufficient  until  about  1895 ;  after  that  time  they  /  §•  ^  a 
became  more  and  more  crowded,  until  separation  from  , 
the  main  building  of  some  of  the  offices  became 
imperative.     The  first  bureau  to  go  was  the  Bureau 


430  THE  DEPARTMENT  OF  STATE 

of  Trade  Relations,  which  was  given  quarters  in  the 
Rochambeau  Apartment  House  on  Connecticut  Avenue 
near  H  Street.  A  house  on  Seventeenth  Street  oppo- 
site the  Department,  at  the  corner  of  New  York 
Avenue,  was  next  rented  by  the  Department  in  1908 
and  occupied  by  the  Bureau  of  Citizenship,  the  Bureau 
of  Trade  Relations,  and  the  translator.  More  crowd- 
ing in  the  main  building  sent  the  Solicitor's  office  to 
take  the  place  of  the  Bureau  of  Trade  Relations,  which 
moved  in  1909  to  the  Union  Trust  Company's  building, 
at  the  corner  of  Fifteenth  and  H  Streets.  To  this 
building  came  also  the  Bureau  of  Accounts  in  1910. 
In  1911  the  building  on  Seventeenth  Street  was 
abandoned  and  the  house  of  Blair  Lee,  Esq.,  on 
Pennsylvania  Avenue,  opposite  the  War  Department, 
was  rented. 

In  his  report  of  1896,  Secretary  Olney  said  that  a 
new  building  for  the  Department  would  soon  be 
imperative,  and  since  then  the  necessity  has  been 
urged  repeatedly  by  Secretaries  of  State.  The  Act 
of  July  25,  191 0,  provided  for  the  purchase  of  the  land 
'  bounded  by  Pennsylvania  Avenue,  Fifteenth  Street, 
the  Mall  and  Fourteenth  Street,  on  which  to  erect 
buildings  for  the  State  Department  and  the  Depart- 
ments of  Commerce  and  Labor  and  Justice. 

A  competition  for  designs  for  the  new  building  was 
held,  twenty  firms  of  architects  being  invited  to  com- 
pete, and  on  January  6,  1911,  the  award  for  the  best 
design  was  made  to  Mr.  Arnold  W.  Brunner  of  New 
York.  From  Mr.  Brunner  the  following  notes  of  the 
design  have  been  obtained. 


'0    - 


BUILDINGS  OCCUPIED  431 

The  Department  of  State  is  intended  to  form  one 
of  the  group  of  three  buildings  facing  Fifteenth  Street. 
The  new  building  for  the  Department  of  Commerce 
and  Labor  is  to  be  located  to  the  north  of  it,  and  the 
building  for  the  Department  of  Justice  is  to  be  placed 
between  that  and  Pennsylvania  Avenue. 

The  new  building  for  the  Department  of  State, 
which  is  approximately  325  feet  square,  has  its  prin- 
cipal facade  on  the  Mall.  This  facade  is  broken  in 
the  center  by  a  great  portico  consisting  of  a  double 
row  of  ten  Corinthian  columns  53  feet  high  supporting 
a  pediment,  the  apex  of  which  is  87  feet  above 
the  first  floor.  These  columns  rest  upon  a  platform 
approached  by  a  flight  of  steps  110  feet  in  width. 

The  remainder  of  the  building  is  treated  simply 
with  a  Doric  cornice.  There  are  two  projecting 
pavilions  with  columns  on  the  Fourteenth  and  on  the 
Fifteenth  Street  fronts.  The  B  Street  elevation  has 
a  series  of  columns  indicating  the  library. 

The  building  is  placed  on  a  terrace,  which  completely 
frames  it  and  is  extended  on  the  B  Street  elevation  to 
provide  proper  approaches.  There  is  one  large 
interior  court. 

The  great  portico  of  the  south  front  marks  the 
monumental  portion  of  the  building,  while  the  suites 
of  offices  are  clearly  indicated  by  the  treatment  of 
the  windows  of  the  other  portion  of  the  exterior. 

On  the  main  floor  there  is  the  great  entrance  hall 
31  feet  wide  and  122  feet  long.  A  monumental  stair- 
case, 24  feet  wide,  leads  from  this  to  a  rotunda 
surrounded  by  a  gallery,  which  gives  access  to  the 


432  THE  DEPARTMENT  OF  STATE 


ball  for  international  conferences,  reception  rooms, 
and  state  dining  room. 

The  hall  for  international  conferences  is  40  feet 
wide  and  122  feet  long  and  is  subdivided  into  three 
bays.  It  is  ornamented  with  columns  and  pilasters 
and  has  an  elaborate  ceiling.  There  are  committee 
rooms  in  connection  with  it  conveniently  located. 

The  banqueting  hall  is  35  feet  by  67  feet  and  can  be 
approached  either  from  the  galleries  surrounding  the 
rotunda,  or  through  the  reception  rooms.  In  connec- 
tion with  the  dining  room  there  are  kitchens,  service 
pantries,  etc. 

Provision  for  an  entrance  for  carriages  and  auto- 
mobiles is  provided  for  this  portion  of  the  building, 
with  ample  coat  rooms,  etc. 

The  central  portion  of  the  building  is  specially 
designed  for  important  state  functions  and  planned 
to  secure  good  circulation  for  large  crowds  of  people. 
It  can  be  separated  from  the  rest  of  the  building  if 
desired,  but  it  is  connected  with  the  principal  offices 
of  the  Secretary  of  State. 

The  library  of  the  Department  is  placed  in  the 
center  of  the  north  front,  and  contains  a  large 
entrance  hall  with  steel  vault  for  the  most  important 
documents,  reading  rooms  for  special  study,  stack 
room,  and  the  usual  library  equipment,  all  of  which 
is  to  be  of  fireproof  construction. 

The  rest  of  the  building  is  divided  into  offices  for 
the  various  subdivisions  of  the  Department. 

Besides  the  entrances  on  the  Mall  and  on  B  Street, 
there  are  two  on  Fifteenth  Street  and  two  on  Four- 


BUILDINGS  OCCUPIED  433 

teenth  Street.  Carriage  entrances  to  the  court  are 
also  provided  on  B  Street. 

The  offices  for  the  Secretary  of  State  and  his  assist- 
ants are  located  on  the  first  floor,  in  the  southwest 
corner  of  the  building,  in  close  connection  with  the 
rooms  for  state  functions  and  with  the  diplomatic 
reception  rooms. 

The  rooms  used  for  diplomatic  conferences  and 
receptions  are  large  and  dignified  and  are  connected 
by  a  vaulted  anteroom  which  opens  on  a  terrace  that 
overlooks  the  court. 

Besides  the  main  staircase  there  are  four  staircases 
in  the  building  with  ample  elevator  service,  and  a 
private  staircase  and  elevator  in  connection  with  the 
Secretary's  office. 

Special  provision  has  been  made  for  space  for  filing 
documents,  and  30,000  square  feet  of  space  is  allotted 
for  filing  space  for  the  future. 

The  following  is  a  list  of  offices  used  for  the  various 
subdivisions  of  the  State  Department : 

Secretary's  Group 

Office  of  the  Secretary  of  State 

Private  office,  public  office,  anteroom,  two  rooms 
for  private  secretaries,  one  for  clerks,  private  toilet 
rooms,  etc. 

Office  of  the  Assistant  Secretary  of  State 

Private  office,  general  office,  anteroom,  two  rooms 
for  private  secretaries. 


434  THE  DEPARTMENT  OF  STATE 

Assistant  Secretaries  and  Chief  Clerk 

Office  of  the  Second  Assistant  Secretary 

Office,  anteroom,  private  secretary,  vault  and  toilet. 

Office  of  the  Third  Assistant  Secretary 
Office,  anteroom,  private  secretary,  vault  and  toilet. 

Director  of  Consular  Service 

Office,  anteroom,  private  secretary,  vault  and  toilet. 

Chief  Clerk 

Office,  anteroom,  private  secretary,  vault  and  toilet. 

Law  Division 

The  Counsellor 

Office,  anteroom,  private  secretary,  vault  and  toilet. 

The  Solicitor 

Private  office,  offices  for  assistant  solicitors  and  law 
clerks,  anteroom,  chief  clerk,  offices  for  stenographers 
and  two  rooms  for  arbitration  work. 

Bureau  of  Rolls  and  Library 

Office  of  Chief  of  Bureau 

Vault,  toilet,  large  fireproof  steel  vault,  library  large 
enough  to  take  care  of  100,000  volumes,  reading  room, 
document  clerk,  map  room,  room  for  files,  catalogue 
room,  nine  study  and  typewriter  rooms,  packing 
rooms,  newspaper  room  for  2,500  bound  volumes. 


BUILDINGS  OCCUPIED  435 

Bureau  of  Trade  Relations 

Office  of  Chief  of  Bureau 

Anteroom,  rooms  for  two  commercial  advisers, 
reference  library,  two  typewriter  rooms,  editorial 
office,  statistical  office  and  files  room. 

Geographical  Divisions 

Division  of  Western  European  Affairs 

Rooms  for  Chief  of  Division,  anteroom,  clerical 
force,  typewriters,  four  rooms  for  officers  on  detail, 
vault  and  toilet. 

Division  of  Latin  American  Affairs 

Rooms  for  Chief  of  Division,  vault  and  toilet  and 
anteroom,  two  assistant  chiefs,  conference  room,  files 
room,  drafting  room,  typewriter  room,  six  rooms  for 
officers  on  detail  and  two  additional  offices. 

Division  of  Far  Eastern  Affairs 

Rooms  for  Chief  of  Division,  anterooms,  clerical 
force,  typewriters,  four  rooms  for  officers  on  detail, 
vault  and  toilet. 

Division  of  Near  Eastern  Affairs 

Rooms  for  Chief  of  Division,  anteroom,  clerical 
force,  typewriters,  four  rooms  for  officers  on  detail, 
vault  and  toilet. 

Bureaus 
Diplomatic  Bureau 

Offices  for  Chief  of  Bureau,  assistant  chief,  ante- 


436  THE  DEPARTMENT  OF  STATE 

room,    rooms    for    clerks,    mailing    room,    diplomatic 
school,  vault  and  toilets. 

Consular  Bureau 

Offices  for  Chief  of  Bureau,  assistant  chief,  ante- 
room, typewriters,  four  rooms  for  drafting  clerks, 
reference  library,  map  and  file  room,  mailing  room, 
packing  room  and  consular  school. 

Bureau  of  Citizenship 

Offices  for  Chief  of  Bureau,  assistant  chief,  ante- 
room, clerical  force,  passport  room,  two  fire  rooms, 
seal  and  stationery. 

Bureau  of  Information 

Office  for  Chief  of  Division,  assistant  chief,  ante- 
room, newspaper  clipping  room,  two  file  rooms, 
editorial  room,  vaults  and  toilet. 

Bureau  of  Accounts 

Offices  for  Chief  of  Bureau,  burglar  and  fireproof 
vault,  anteroom,  private  office,  three  additional  offices, 
file  room  (fireproof),  vault  and  toilets. 

Bureau  of  Appointments 

Office  for  Chief  of  Bureau,  assistant  chief,  ante- 
room, two  rooms  for  clerks,  file  room,  vault  and  toilet. 

Index  Bureau 

Offices  for  Chief  of  Bureau,  vault  and  toilet,  cipher 
room  for  vault,  telegraph  room,  large  room  for  the 
clerical  force,  room  for  the  indexes  of  old  records, 
three  rooms  for  research  work,  with  its  office,  two 


BUILDINGS  OCCUPIED  437 

rooms  for  ministers,  room  for  unbound  files,  room  for 
bound  files,  filing  space  for  future  years,  telephone 
and  telegraph  room,  with  living  rooms,  bedrooms, 
toilets  and  baths. 

Translators 

Main  office  and  two  general  offices,  two  stenogra- 
pher's rooms  and  file  room. 

THE    END 


BIBLIOGRAPHICAL  NOTE 

The  chief  sources  are  the  archives,  circulars,  and  publica- 
tions of  the  Department  of  State.     More  particularly: 

The  manuscript  sources  in  the  Department  of  State  are: 
Letters  of  Robert  R.  Livingston,  American  Letters,  Wash- 
ington Papers,  Papers  and  Records  of  the  Territories,  Lands 
South  of  Tennessee,  and  Claiborne's  Correspondence — all  in 
the  Bureau  of  Rolls  and  Library;  Register  of  Certificates, 
Passport  Letters,  and  Press  Copy  Letter  Books  in  the  Bureau 
of  Citizenship;  Miscellaneous  Letters,  Domestic  Letters, 
Letters  of  Credence,  Papers  from  the  President  in  the  Bureau 
of  Indexes  and  Archives;  Applications  for  Office,  Petitions 
for  Pardon  in  the  Bureau  of  Appointments;  Opinions  of 
Solicitors  in  the  Solicitor's  Office. 

Other  manuscript  sources  are :  The  Archives  of  the  U.  S. 
Senate;  the  Archives  of  the  Secretary's  Office,  Department 
of  the  Interior;  The  Papers  of  the  Continental  Congress; 
the  Madison  Papers  and  the  Thornton  Papers  in  the  Library 
of  Congress. 

The  printed  sources  are  the  following  publications  of  the 
Department  of  State :  "Wharton,  Diplomatic  Correspond- 
ence of  the  American  Revolution;  Hunt,  Callendar  of 
Applications  for  Office  during  the  Presidency  of  George 
Washington,  1901;  Documentary  History  of  the  Constitution 
of  the  United  States;  Hunt,  History  of  the  Seal  of  the  United 
States,  1909;  Hunt,  The  American  Passport,  1898;  Wharton, 
American  Digest  of  International  Law;  Moore,  Digest  of 
American  International  Law;  Dept.  Register;  Moore,  Extra- 
dition; bound  volumes  of  Department  circulars  in  the  Bureau 
of  Indexes  and  Archives;  Descriptive  Catalogue  of  the 
Collection  of  Portraits  in  the  Department  of  State;  Michael, 
The  Story  of  the  Declaration  of  Independence. 


BIBLIOGRAPHICAL  NOTE  439 

Other  Government  publications  are:  The  Journals  of  the 
Continental  Congress,  Library  of  Congress  edition;  The 
Secret  Journals  of  Congress;  The  Statutes  at  Large  and 
Revised  Statutes;  American  State  Papers,  Foreign  Affairs; 
Annals  of  Congress;  Patent  Office  Gazette,  Vol.  12,  No.  15; 
Annual  Report  Commissioner  of  Patents,  1900,  VIII ;  Report 
on  the  Ninth  Census  by  Garfield,  1870,  41  Cong.,  2d  Sess. ; 
History  and  Growth  of  U.  S.  Census  by  Carroll  D.  Wright 
and  William  C.  Hunt,  Senate  Doe.  No.  194,  56  Cong.,  1  Sess., 
1899-1900;  Messages  and  Papers  of  the  Presidents;  Reports 
of  Commissioners  to  the  Paris  Universal  Exposition  of  1878; 
Reports  of  Commissioners  to  the  Universal  Exposition  of 
1889;  Appropriations  and  Expenditures  in  Department  of 
State,  1789-1877,  Ex.  Doc.  No.  38,  44  Cong.,  2  Sess.  Senate ; 
U.  S.  Supreme  Court  Reports,  Monthly  Catalogue  Superin- 
tendent of  Documents,  September,  1908,  introduction; 
Annual  Report  Librarian  of  Congress,  1903 ;  Biennial 
Registers. 

Periodicals  having  information :  American  Historical 
Review,  Vol.  Ill;  American  Journal  of  International  Law, 
Vol.  II;  Political  Science  Quarterly,  September,  1897. 

Other  works:  Conway,  Life  of  Thomas  Paine;  Austin, 
Life  of  Elbridge  Gerry;  Fiske,  The  Critical  Period  of 
American  History;  Scharf,  Chronicles  of  Baltimore;  Works 
and  Writings  of  John  Adams,  John  Jay,  James  Madison 
(Putnams'  edition)  ;  Thomas  Jefferson  (Putnams'  edition)  ; 
J.  Q.  Adams'  Diary;  L.  H.  Campbell,  The  Patent  System  of 
the  U.  S.,  Washington,  1791 ;  Noah  Webster,  Origin  of  Copy- 
right Laws  in  U.  S.,  New  York,  1843 ;  James  E.  Easby-Smith, 
The  Department  of  Justice,  its  History  and  Functions, 
Washington,  1904 ;  Norton,  Worlds  Fairs  from  London,  1851, 
to  Chicago,  1893;  Report  of  the  American  Historical 
Association  for  1899;  Learned,  The  President's  Cabinet, 
New  Haven,  1912. 


INDEX 


INDEX 


Accounts,  Bureau  of:  formed, 
223 ;  salary  of  chief,  229 ;  under 
Third  Assistant  Secretary,  424; 
duties,  425. 

Acts  of  Congress.     See  Laws. 

Adarns,  John:  on  committee  to 
prepare  instructions  for  com- 
missioners, 4;  on  committee  on 
neutrality,  7;  mode  of  living, 
28;  salary,  30,  36;  sends  rati- 
fications of  Amendment  of  Con- 
stitution to  Congress,  172;  on 
committee  on  seal,  249;  appli- 
cations for  office  to,  273;  re- 
ceives Declaration  of  Independ- 
ence, 295. 

Adams,  John  Quincy:  instructs 
for  census,  126;  sends  Com- 
mercial Digest,  145;  on  com- 
mercial information,  146;  re- 
cords loss  of  papers,  200;  sal- 
ary, 201 ;  recommends  new  De- 
partment, 211 ;  orders  laws 
recorded,  276;  sends  Declara- 
tion of  Independence,  295; 
edits  Journal  of  Constitutional 
Convention,  314;  portraits  of, 
329;  issues  diplomatic  instruc- 
tions, 331. 

Adams,  Samuel:  on  committee  on 
ceremonial  for  French  minister, 
9. 

Address  to  the  King,  1. 

1 '  Administrative   Officers, ' '    242. 

"Advisory  Officers,"  243. 

Alden,  Eoger:  commended  by 
Thomson,  76;  has  charge  of 
records,  76,  187;   has  charge  of 


domestic  affairs,  94;  resigns, 
95;  custodian  of  seal,  261. 

Algiers:  consul  at,  115;  privateer- 
ing against,  157. 

Allen,  Andrew  Hussey:  edits 
Documentary  History  of  Con- 
stitution, 315;  issues  lists  of 
books,  326. 

Applications  for  Office:  where  de- 
posited, 87,  273;  transferred  to 
Library   of  Congress,  274. 

Appointments,  Bureau :  created, 
229;   duties,  272,  425. 

Arbitrations,  International,  Digest 
and  History,  320. 

Archives:  indexing  and  filing 
methods,  415;  classes  of,  416; 
new  system,  418 ;  present  classi- 
fication, 418. 

Archives,  Keeper  of  the:  office 
established,  208. 

Archives,  Laws  and  Commissions, 
Bureau  of,  205;   abolished,  208. 

Arms  of  United  States.  See  Seal 
of  the  United  States. 

Ashburton,  Alexander  Baring, 
Lord:  portrait,  329. 

Assistant  Chiefs  of  Bureaus  and 
Divisions,  247. 

Attorney-General:  office  in  State 
Department,  128. 

Attorneys,  U.  S. :  correspond  with 
State  Department,  128. 

Austria:   envoy  to,  5. 

Authentications:  fee,  74,  385; 
signature  of,  383;  to  what 
made,  386;  form  of,  387;  rules, 
390. 


/  /  / 


INDEX 


Baldwin,  Abraham:  on  committee 
for  departments,  62;  presents 
bill,  63. 

Barbary  Coast:   consuls  to,  115. 

Barclay,  Thomas:  Consul-General, 
81,  110. 

Barley,  John:   clerk;  salary,  201. 

Bartle,  George:  custodian  of  seal, 
261. 

Barton,  Benjamin  Smith:  Jeffer- 
son writes  to,  94. 

Barton,  William :  designs  seal,  250. 

Bayard,  Thomas  F. :  sends  special 
messenger  for  electoral  vote, 
160;  asks  Chief  Clerk  to  resign, 
190;  buys  bust  of  Madison,  327. 

Bell,  A.:  takes  Declaration  of 
Independence  to  Philadelphia, 
307. 

Benson,  Egbert:  proposes  depart- 
ments, 59;  on  committee  on 
departments,  63 ;  on  remova- 
bility, 64;  on  Home  Depart- 
ment, 69. 

Biennial  Kegister  or  Blue  Book, 
142. 

Billings,  John  S. :  on  Declaration 
of  Independence,  312. 

Bills    of    Exchange:    how    bought, 

114. 
Bioren,    Duane    and    Weightman: 
edition  of  laws,  285. 

Blackwell,  Jacob:  clerk,  80. 

Blaine,  James  G. :   urges  purchase 

of  portraits,  328. 
Blair,     Francis     Preston:      prints 
Diplomatic  Correspondence,  319. 
Blount,   William:    reports   on   Ter- 
ritory Southwest  of  Ohio,  133. 
Blue    Book     (Biennial    Kegister), 

142. 
Bollan,  William:   agent  of  Massa- 
chusetts, 1. 


Boudinot,  Elias:  on  removability, 
60;  on  committee  on  seal,  250. 

Brent,  Daniel:  clerk,  salary  and 
duties,  192;  Chief  Clerk,  200; 
Consul  at  Paris,  202;  has  jour- 
nal of  Constitutional  Conven- 
tion, 315. 

Brown,  Andrew:   prints  laws,  286. 

Brown,  James:  Commissioner  of 
Immigration  at  New  York,  141. 

Brown,  John :  on  committee  on 
Department,  49. 

Brown,  Sevellon  A.:  asked  to  re- 
sign as  Chief  Clerk,  190. 

Brunner,  Arnold  W. :  describes 
new  Department  building,  430. 

Bryan,  Henry  L. :  special  messen- 
ger to  receive  electoral  vote, 
161;  edits  treaties,  317. 

Buck,  John  E. :  on  classification  of 
archives,  418. 

Bureau  of  Foreign  Commerce. 
See  Foreign  Commerce,  Bureau 
of. 

Bureaus:  abolished,  221;  recog- 
nized by  law,  228;  chiefs,  how 
appointed,  229;   salaries,  229. 

Burke,  iEdanus :  on  committee  on 
departments,  63. 

Burke,  Edmund:  agent  of  New 
York,  1. 

Cabinet  meetings:   how  called,  88. 

Cadwalader,  John  L.,  edits 
treaties,  316;  edits  Interna- 
tional Law  Digest,  317. 

Calhoun,  John  C. :  resigns  Vice- 
Presidency,  167,  168;  on  clerks 
in  Department,  218;  on  bu- 
reaus, 232. 

Campbell,  Anthony:  clerk  in 
Treasury  Department,  99. 

Canary  Islands:    consul  for,   116. 

Carmichael,  William:   Secretary  at 


INDEX 


445 


Madrid;  salary,  29,  30,  36; 
Charge;  salary,  81. 

Carpenters'  Hall,  1,  427. 

Carroll,  Charles,  of  Carrollton: 
receives  Declaration  of  Inde- 
pendence, 296. 

Cattle  and  Dairy  Farming,  151. 

Census:  under  State  Department, 
124;  publications,  127;  trans- 
ferred,  128. 

Cent,  copper:  coined,  93. 

Ceracchi,  Giuseppe:  bust  of  Madi- 
son, 327. 

Ceremonial  for  Foreign  Ministers, 
9. 

Chadwick,  French  C. :  on  Seal,  254. 

Champlin,  John  Denison,  Jr. :  on 
Seal  of  U.  S.,  252. 

Chandler,  Charles  F. :  on  Declara- 
tion of  Independence,  300,  312. 

Chandler,  Z. :  on  exhibition  of 
Declaration  of  Independence, 
302,  304;  returns  document  to 
State  Department,  309. 

Chase,  Samuel:  on  committee  on 
Franklin's  Commission  to  Spain, 
5. 

Chew,  Eobert  S. :  Chief  Clerk,  202. 

Chief  Clerk,  Department  of  State : 
salary,  75,  97,  188,  201,  220; 
authority  of,  85;  duties,  203, 
211,  220;   Bureau,  222. 

Childs,  George  W. :  asks  Declara- 
tion of  Independence  for  Cen- 
tennial Exposition,  303. 

Ciphers  in  Department  of  Foreign 
Affairs,  37. 

Citizenship,  Bureau  of:  created, 
241 ;  under  Solicitor,  424 ;  duties, 
425. 

Citizenship :  expatriation,  protec- 
tion, Board  to  report  on, 
formed,   367;    reports,   367. 


Claiborne,  William  Charles  Cole: 
reports  on  Louisiana,  135. 

Claims  Clerk:  created,  221. 

Clay,  Henry:  portrait,  328. 

Clerks,  Department  of  State:  sala- 
ries, 75,  97,  188,  220;  principal, 
95;  are  officers,  98;  extra  allow- 
ance, 188 ;  power  of  President 
over,  189;  increase  of,  219; 
classification,  219;  commissions, 
270;  oaths  of  office,  271. 

Cleveland,  Grover:  signs  Consular 
Regulations,  333. 

Clymer,  George:  on  committee  to 
investigate  Department,  30; 
nominated  for  Secretary  of 
Foreign  Affairs,  34. 

Colvin,  John  B. :  clerk;  salary, 
201 ;  editor  of  laws,  285. 

Commerce  and  Finance:  Secretary 
of,  proposed,  56. 

Commercial  Digest,  145. 

Commercial  Belations,  Bureau  of: 
suggested,  237. 

Commercial  Relations:  volumes, 
144. 

Commissions:  continuance  of,  104; 
of  postmasters,  259;  of  officers 
under  Interior  Department,  259 ; 
of  judicial  officers,  259;  forms, 
263;  of  clerks,  269,  270. 

Confederation,  Articles  of:  pro- 
vide for  foreign  affairs,  2. 

Constitution,  Amendments  to:  how 
proclaimed,  168,  174,  175,  178; 
ratifications,  169 ;  to  be  pub- 
lished, 174;  sent  to  governors, 
177;  publication,  314;  conven- 
tion to  frame  journal,  314; 
documentary   history   of,    315. 

Consul,  salary,  30. 

Consular  Bureau:  duties  of,  204, 
213,     424;     First     and     Second, 


lit; 


INDEX 


223;  oldest,  230;  under  Director 

of  Consular  Service,  424. 
Consular  Convention  with  France, 

79. 
Consular  Regulations:  publication, 

331. 
"Consular  Eeports":   publication, 

147;  Advance  Sheets,  151;  Daily 

Consular  Trade  Eeports,  152. 
Consular     Service:      Director     of, 

244;   act  remodeling,  334. 
Consuls:    salaries,    116,    333;    how 

appointed,    116,    333,    334,    335; 

number,  by  Jefferson,   230;    ex- 
amination, 335. 
Continental    Congress:    papers    of, 

324. 
Copyright    Business:    under    State 

Department,    122;     transferred, 

124;  Bureau  of,  205. 
Council  of  State:   proposed,  56. 
Counselor  of  Department,  244. 
Crandall,  Samuel  B. :  Secretary  of 

Citizenship  Board,  367. 
Crawford,  William:   clerk;   salary, 

191. 
Culnan,   John:    Consul   to    Canary 

Islands,  116. 

Dana,  Francis:   salary  of,  28. 
Dane,     Nathan:     favors     checking 

negotiations  with  Spain,  51. 
Davis    and    Force:    publishers    of 

laws,  285,  286. 
Davis,      J.      C.      Bancroft:      edits 

treaties,  316. 
Davis,    W.    A. :    publisher    of    the 

laws,  285. 
Day,  William  B. :   issues  rules  for 

passports,   353. 
Dean,   Charles   Bay:    custodian   of 

seal,  262. 
Deane,    Silas:    first    representative 

abroad,      4;       instructions,      4; 


signs  treaty  of  alliance  with 
France,  8;  uses  invisible  ink,  37. 

Declaration  of  Independence: 
publication,  295;  distribution, 
295;  deterioration  of  document, 
297,  312;  exhibited,  297,  301; 
efforts  to  restore,  298;  report 
on  condition,  300,  312;  where 
deposited,  306,  309;  efforts  to 
retain  in  Philadelphia,  308 ; 
desk   on  which   written,   327. 

Declaration  of  Intention  to  Be- 
come a  Citizen:  passports  for 
those  who  have  made,  368. 

Dennie,  Joseph:  clerk;  salary,  191. 

Department  of  State.  See  State, 
Department  of. 

Departments,  Executive.  See 
Executive  Departments. 

Dickinson,  John :  proposes  Articles 
of  Confederation,  2 ;  member  of 
Committee  of  Secret  Corre- 
spondence, 3 ;  drafts  instruc- 
tions to  peace  commissioners,  11. 

Diplomatic  Bureau:  duties  of,  204, 
211,  424;  First  and  Second, 
222;  oldest,  230. 

Diplomatic  Correspondence:  vol- 
umes, 320. 

Diplomatic  Correspondence  of 
Bevolution:    publications,    319. 

Diplomatic  Instructions :  publica- 
tion, 331. 

Diplomatic  officers:  allowance  for, 
109. 

Diplomatic  Service :  appointments 
in,  343 ;  information  for  appli- 
cants, 348. 

Disbursing  Agent:  established, 
208;  duties,  216. 

Disbursing  and  Superintending 
Bureau,  205;   abolished,  208. 

Domestic  Affairs:  secretary  pro- 
posed, 56. 


INDEX 


447 


Domestic  Department :  proposed, 
59. 

Domestic  Kecords,  Bureau  of: 
formed,  223;   changed,  226. 

Drayton,  William  Henry:  member 
of  Committee  for  Foreign  Af- 
fairs, 8. 

Duane  &  Son:  printers  of  the  laws, 
285. 

Duane,  James :  draws  up  report 
on  Department  of  Foreign  Af- 
fairs, 15. 

Duane,  William:  printer  of  the 
laws,  284. 

Duell,  H.  H. :  reports  on  Declara- 
tion of  Independence,  306. 

Duer,  William:  member  of  Com- 
mittee for  Foreign  Affairs,  8. 

Dumas,  Charles  W.  F. :  American 
agent,  3;   salary,  30,  36,  81. 

Du  Ponceau,  Peter  S. :  Second 
Under-Secretary  for  Foreign 
Affairs,  18;  salary,  30,  37; 
house,  427. 

Dwight,  Theodore  F. :  on  seal  of 
U.  S.,  252;  issues  lists  of  books, 
325. 

Dyer,  Eliphalet:  member  of  Com- 
mittee for  Foreign  Affairs,  8. 

Edwards,  Tunis:  favors  checking 
negotiations   with   Spain,   51. 

Electoral  vote:  to  be  delivered 
to  Secretary  of  State,  159; 
messenger  to  obtain,  160;  cer- 
tificates of  election  of  electors, 
162;  circular  to  states,  163; 
publication,  164;  sent  to  Con- 
gress, 165. 

Ellery,  William:  on  committee  to 
confer  with  Livingston,  20. 

Elliot,  Jonathan:  edits  treaties, 
316. 


Elliot,  William:  clerk,  201. 

Ellsworth,  Oliver:  member  of 
Committee  for  Foreign  Affairs, 
8 ;  proposes  executive  council, 
55. 

Emigration  and  Immigration,  151. 

Emory,  Frederic:  begins  Advance 
Sheets,  151;  proposes  change  of 
name  of  Bureau  of  Statistics, 
233;  proposes  Bureau  of  Com- 
mercial Eelations,  237;  chief  of 
Bureau  of  Trade  Eelations,  238. 

European  Affairs,  Division  of: 
salary  of  chief,  245. 

Etting,  Frank  M.:  asks  for 
Declaration  of  Independence  for 
Centennial  Exposition,  301. 

Evarts,  William  M. :  opinion  on 
clerks,  98 ;  sends  ' '  Consular 
Beports, "  148;  calls  for  com- 
mercial information,   149. 

Eveleigh,  Nicholas:  on  committee 
to  confer  with  Livingston,  20. 

Examiner  of  Claims:  provided, 
202. 

Executive  Departments :  under 
Constitution,  54;  cease,  58; 
President's  power,  91. 

Exequaturs  and  Commissions,  Bu- 
reau of:  created,  221. 

Exhibitions,  International.  See 
Expositions,  International. 

Expositions:  International,  178; 
Crystal  Palace,  182;  Universal, 
Paris,  183;  Japanese,  185; 
Panama-Pacific,  185. 

Extradition:  early  practice,  402; 
reciprocal,  403;  treaties,  404; 
the  mandate,  404;  warrant  of 
surrender,  406;  President's  war- 
rant, 407;  rules,  409;  with 
Mexico,  413;  managed  by  Solici- 
tor, 414. 


/  IS 


INDEX 


Faison,  Walter  E. :  makes  memo- 
randum on  passport  fee,  357. 

Far  Eastern  Affairs,  Division  of: 
formed,  242;  salary  of  chief, 
245;   duties  of,  246,  424. 

Fenwick,   Robert:    messenger,   201. 

Finance,  Department  of:  provision 
proposed,  58. 

Fish,  Hamilton :  circular  on  Cen- 
tennial Exposition,  179;  reor- 
ganizes Department,  218,  222; 
portrait  of,  330. 

Fisher,  John:  commended  by 
Thomson,  76. 

Flagg,  Edmund :  Superintendent 
of  Statistical  Office,  144,  233. 

Folwell,  Richard:  edition  of  laws, 
283. 

Foreign  Affairs:  conducted  by 
Congress,  2. 

Foreign  Affairs  Committee : 
formed,  6. 

Foreign  Affairs,  Department  of : 
plan,  14;  act,  15;  organized,  17; 
personnel,  18;  First  Under- 
Secretary,  18;  Second  Under- 
Secretary,  18;  inventory,  20; 
reorganized,  22;  salaries,  30; 
business  of,  30;  personnel  and 
salaries,  36;  papers  to  Secre- 
tary of  Congress,  40;  Under- 
Secretary  proposed,  42;  agreed 
to,  43;  duties  defined,  44;  ar- 
rangement for  Under-Secre- 
taries, 46;  report  on,  49;  pro- 
posed, 59,  62;  bill  introduced, 
64;  Chief  Clerk  of,  64,  66;  bill 
passes  House,  65;  act,  67;  pro- 
posed change  of  name,  70;  in- 
formation of  creation  of,  76; 
estimates,  80 ;  communicates 
with  states,  101 ;  hours  for  busi- 
ness, 226;  buildings  occupied, 
427. 


Foreign  Affairs,  Secretary  of,  16; 
duties,  22;  election  proposed, 
40,  41 ;  Jay  elected,  43 ;  salary, 
47;  may  inspect  letters,  47; 
only  two,  52;  proposed  under 
Constitution,  56 ;  removability 
of,  59,  64. 

Foreign  Commerce,  Bureau  of: 
transferred,  152,  236;  name  pro- 
posed, 233. 

Foreign  Office,  English:  clerks  ask 
gratuity,  189. 

Foreign  Relations:  volumes,  320. 

Foreign  Service:  estimates  for, 
110. 

Foreign  Trade  Advisers:  office, 
247. 

Forrest,  Richard:  clerk;  salary 
and   duties,   193 ;    salary,   201. 

Forsyth,  John:  letter  on  com- 
merce, 145;  arranges  Depart- 
ment, 207,  211. 

France:    alliance  with,   8. 

Franklin,  Benjamin:  agent  of 
Massachusetts,  Pennsylvania, 

New  Jersey  and  Georgia,  1 ; 
member  of  Committee  of  Secret 
Correspondence,  3 ;  diplomatic 
commissioner,  4;  minister  to 
Spain,  4 ;  signs  treaty  of  alliance 
with  France,  8;  mode  of  living, 
28;  salary,  30,  36;  action  on 
death  of,  83 ;  on  committee  on 
seal,  249 ;  manuscripts  of,  323 ; 
staff  of,  326. 

Franklin,  William  B. :  Commis- 
sioner-General to  Paris  Exhibi- 
tion,  184. 

Franklin,  William  Temple:  Secre- 
tary to  Benjamin  Franklin; 
salary,   36. 

Fraunce's  Tavern,  428. 

Frelinghuysen,  Theodore  F. :  urges 


INDEX 


449 


cutting  of  new  seal,  252;  por- 
trait of,  330. 

Freneau,  Philip:   translator,  97. 

"Full  Powers"  for  treaties:  how 
made,  398. 

Fulton,  Eobert:  complains  of 
Thornton,  119. 

Gardner,  I. :  occasional  service, 
193. 

Gardner,  William  P.:  clerk  in 
Treasury  Department,  99;  in- 
forms President  of  Wagner 's 
opinions,  194. 

Gardoqui,  Don  Diego  de,  Spanish 
Minister:  negotiates  with  Jay, 
48;  writes  Jay,  79. 

Garth,  Charles:  agent  of  South 
Carolina,  1. 

Georgia  Mississippi  Company.  See 
Yazoo  lands. 

Gerard,  Conrad  Alexander:  first 
minister,  8;  also  Consul-General, 
8. 

Germany:  envoy  to,  5. 

Gerry,  Elbridge:  moves  that 
papers  of  Department  of  For- 
eign Affairs  be  made  accessible, 
41 ;  moves  for  Under-Secretary, 
42;  nominates  Jay,  42;  on  ar- 
rangement for  Under-Secretary, 
46. 

Gibbs,  Wolcott:  on  Declaration  of 
Independence,   300. 

Gibert,  Jean  Baptiste  Adolphe: 
portrait  by,  329. 

Gideon,  J.  and  G.  S. :  printers  of 
laws,  285. 

Gilman,  John  Taylor :  on  commit- 
tee to  confer  with  Livingston, 
33. 

Gordon,  Thomas  F. :  compiles  laws, 
286. 


Graham,    John :    clerk ;    oath,    99 ; 

chief  clerk,  194;   saves  records, 

195,  196;  retires,  200. 
Great     Seal.       See     Seal     of     the 

United  States. 
Gresham,    Walter    Q. :    has    chiefs 

appointed  by   President,   228. 

Hamilton,  Alexander :  moves 
thanks  to  Livingston,  39;  fa- 
vors checking  negotiations  with 
Spain,  51 ;  plans  departments, 
55;  manuscripts  of,  323. 

Hardy,  Samuel :  on  committee  to 
define  Department's   duties,   46. 

Harrison,  Benjamin:  member  of 
Committee  of  Secret  Correspond- 
ence, 3 ;  member  of  Committee 
for  Foreign  Affairs,  6. 

Harrison,  Eichard:  Consul  at 
Cadiz,  31. 

Haswell,  John  H. :  edits  treaties, 
316. 

Hay,  John :  changes  name  of  Bu- 
reau of  Foreign  Commerce,  238 ; 
creates   Passport    Bureau,    239. 

Hayward,  Thomas,  Jr.:  on  Com- 
mittee  for   Foreign   Affairs,   6. 

Healy,  G.  P.  A. :  portraits  by,  329. 

Higginson,  Stephen :  on  committee 
to  confer  with  Livingston,  34. 

Hilgard,  J.  E. :  on  Declaration  of 
Independence,  300. 

Hill,  David  Jayne:  member  of 
Citizenship  Board,  367. 

Home  Bureau:  duties,  204;  en- 
larged, 207,  214. 

Home  Department:  proposed,  59, 
68. 

Hooper,  William:  on  Committee  of 
Secret   Correspondence,    5. 

Hopkins,  Samuel :  receives  patent, 
118. 


450 


INDEX 


Houston,  William  Churchill:  mem- 
ber of  Committee  for  Foreign 
Affairs,  8;  on  committee  on 
seal,  249. 

Hull,  Isaac:  punch  bowl  and 
swords,  326. 

Humphreys,  David:   salary,  113. 

Hunt,  Gaillard :  recommends 
change  of  name  of  Passport 
Bureau,  241 ;  member  of  Citi- 
zenship Board,  367. 

Huntington,  Benjamin:  on  Home 
Department,  69. 

Huntington,  Daniel:  portraits,  330. 

Huntington,  Samuel:  drafts  in- 
structions to  peace  commission- 
ers,  11. 

Immigration :  Commissioner  of, 
under  State  Department,  141; 
Bureau  of,  abolished,  142; 
transferred,  142. 

Impressments:  lists  of,  142. 

Independence  Hall,  427. 

Indexes  and  Archives,  Bureau: 
created,  226;   duties,  425. 

Indian  treaties :  how  made,  396. 

Information,  Division  of:  formed, 
242;  duties,  246,  425. 

Ingalls,  John  J. :  reports  non- 
delivery of  Florida  vote,  160. 

Insular  Possessions:  passports  for 
residents  of,  373. 

International  Law  Digests,  317. 

Introduction,  Letters  of:  form  of, 
391 ;  limitations  of,  391 ;  abol- 
ished, 392;   resumed,  394. 

Ironside,  George:  clerk;  salary, 
201. 

Izard,  Ealph:  commissioner  to 
Tuscany,  5;  on  committee  to 
investigate  Department,  30;  on 
committee  to  confer  with  Liv- 
ingston, 34. 


Jackson,  Andrew:  regulations  for 
clerks,  189;  recommends  en- 
largement of  Department,  210; 
applications  for  office  under, 
274;  sword  of,  326;  seconds  re- 
port on   Consular  Service,  334. 

Jackson,  James:  on  removability 
of  Secretary,  60. 

Jackson,  William:  turns  over 
Journal  of  Constitutional  Con- 
vention, 314. 

James,  Charles  P.:  edits  Inter- 
national Law  Digest,  317. 

Jay,  John :  member  of  Committee 
of  Secret  Correspondence,  3; 
expenses  as  commissioner  for 
peace,  12;  complains  of  Com- 
mittee for  Foreign  Affairs,  13 ; 
mode  of  living,  28;  proposed 
for  Secretary  of  Foreign  Af- 
fairs, 32;  salary,  36;  deciphers 
letters,  37;  elected  Secretary  of 
Foreign  Affairs,  43;  asks  what 
his  duties  are,  44;  asks  increase 
of  powers,  48;  delegate  to  con- 
vention to  ratify  Constitution, 
49;  reports  on  Department  of 
State,  75,  79;  nominated  to  be 
Chief  Justice,  77 ;  submits  esti- 
mates, 80. 

Jefferson,  Thomas :  diplomatic 
commissioner,  4;  proposed  for 
Secretary  for  Foreign  Affairs, 
32 ;  salary,  36 ;  on  committee  on 
papers,  41 ;  moves  that  papers 
be  accessible,  42 ;  nominated  to 
be  Secretary  of  State,  77;  ac- 
cepts, 77;  salary  as  minister, 
80;  deposits  papers,  86;  reports 
to  President,  89,  90;  sends 
drafts  of  letters,  90;  describes 
his  duties,  92;  on  post-office,  92; 
on  Chief  Clerk,  94;  on  commu- 
nications   with    states,    101;    on 


INDEX 


451 


continuance  of  offices,  104; 
letter  on  commerce,  145;  in- 
structs consuls,  230;  on  com- 
mittee on  seal,  249 ;  applications 
for  office  under,  273;  receives 
Declaration  of  Independence, 
296;  manuscripts  of,  323;  desk 
of,  327. 

Johnson,  Thomas:  member  of 
Committee  of  Secret  Corre- 
spondence, 3. 

Jones,  Thomas  P.:  in  charge  of 
patent  business,  120. 

Judges,  Federal:  correspond  with 
State  Department,  128. 

Kasson,  John  A. :  special  commis- 
sioner, 397. 

Keeper  of  the  Eolls:  office  created, 
226. 

Kimball,  Hazen:  clerk;  salary, 
191. 

King,  Josias  W. :  clerk ;  saves 
records,  196;   salary,  201. 

King,  Pendleton:  nominated  Chief 
of  Bureau  of  Indexes  and  Ar- 
chives, 228. 

King,  Eufus:  on  committee  to 
form  Department  of  State,  72; 
asked  for  gratuity  by  clerks  in 
foreign  office,  189. 

Knox,  Philander  C. :  reorganizes 
Department,  242 ;  proposes 
Under-Secretary  and  Fourth 
Assistant  Secretary,  243 ;  in- 
structions on  Letters  of  Intro- 
duction, 394. 

Laurens,  Henry:  drafts  instruc- 
tions to  peace  commissioners, 
11;  salary,  30,  36. 

Labor:  circular,  150;  in  Europe, 
151. 


Land  Patents:  countersigned  by 
Secretary  of  State,  136;  trans- 
ferred, 136. 

Latin-American  Affairs,  Division 
of :  formed,  242 ;  salary  of  chief, 
245;  duties,  246. 

Law  Bureau:   formed,  223. 

Law  Clerk:  duties,  425. 

Law,  John:  Commissioner  for 
Claims,  139. 

Laws:  promulgation  of,  71;  by 
Secretary  of  State,  73 ;  of 
States,  74;  sent  to  Governors, 
103;  sent  to  State  Department, 
275;  how  printed,  275,  276; 
originals  preserved,  275 ;  re- 
corded, 276;  publication,  277; 
editor,  283;  editions,  283;  dis- 
tribution, 284,  287;  statutes  at 
large,  286;  Secretary  of  State 
to  publish,  287;  revised  statutes, 
289;  proclamations  and  treaties, 
292;  executive  orders,  292;  sale 
of,  293. 

Lear,  Tobias :  sends  papers  to 
Alden,  81. 

Lee,  Arthur:  agent  of  Massachu- 
setts, 1 ;  on  committee  to  pre- 
pare instructions  for  commis- 
sioners, 4;  commissioner  to 
Spain,  5 ;  commercial  agent,  5 ; 
signs  treaty  of  alliance  with 
France,  8 ;  nominated  for  Sec- 
retary for  Foreign  Affairs,  16; 
on  committee  to  confer  with 
Livingston,  34;  on  committee  on 
papers,  41. 

Lee,  John:  messenger;  salary,  191. 

Lee,  Richard  Henry:  drafts  in- 
structions to  American  agents 
in  London,  1 ;  on  committee  to 
prepare  instructions  for  com- 
missioners, 4;  on  Committee  of 
Secret     Correspondence,     5;     on 


i.->  'J 


INDEX 


committee  on  neutrality,  7;  on 
committee  on  ceremonial  for 
French  minister,  9. 

Lee,  William:  commissioner  to 
Germany  and  Prussia,  5 ;  to 
Vienna,  5. 

Leftridge,  Eobert  P.:  assistant 
messenger,  238. 

Letters:  royal,  form,  267;  of  cre- 
dence, 268. 

L'Hommedieu,  Ezra:  on  commit- 
tee on  Department,  49. 

Librarian :  office  created,  221 ; 
dropped,  221;  first,  322. 

Library:  issues  publications,  321; 
founded,  321 ;  burned,  322 ;  spe- 
cial field,  322,  325 ;  newspapers, 
323;  state  laws,  323;  historical 
manuscripts,  323 ;  catalogues 
and  lists,  325;  relics  and  gifts, 
326. 

Library  of  Congress:  receives  his- 
torical manuscripts,  324. 

Life,  Thomas :  agent  of  Connecti- 
cut,  1. 

Little,  Brown  &  Co. :  edition  of 
laws,  283,  286. 

Livermore,  Samuel :  thinks  Treas- 
ury Department  most  important, 
59;  on  committee  on  depart- 
ments, 62. 

Livingston,  Edward:  reports  on 
Consular  Service,  334. 

Livingston,  Philip:   house,  428. 

Livingston,  Eobert  B. :  member 
of  Committee  for  Foreign  Af- 
fairs, 8;  nominated  and  elected 
Secretary  of  Foreign  Affairs, 
16;  commission,  17;  organizes 
Department,  17;  sets  forth 
difficulties,  18;  salary,  30;  de- 
termines to  resign,  32;  resigna- 
tion presented,  33;  letter  to 
committee    on    Department,    34; 


wishes  to  sign  treaty  of  peace, 
38 ;  estimate  of,  39 ;  Congress 
thanks,  39. 
Lovell,  James:  on  Committee  for 
Foreign  Affairs,  6;  activity  of, 
7;  on  committee  on  Jay's  ex- 
penditures, 12;  complains  of 
committee,  13;  final  acts,  17; 
on  committee  on  seal,  249. 

McClurg,  James:  proposed  for 
Secretary  of  Foreign  Affairs, 
34. 

McCormick,  Andrew  T. :  clerk; 
salary,  201. 

McGuire,  J.  C,  Estate:  sells  bust 
of  Madison,  327. 

McKean,  Thomas:  drafts  instruc- 
tions to  peace  commissioners, 
11;  nominates  Arthur  Lee  for 
Secretary  for  Foreign  Affairs, 
15;  reports  on  Livingston's 
resignation,  33. 

McLane,  Louis:  memorandum  on 
Department,  203. 

Madison,  James:  on  committee  on 
Franklin 's  Commission  to 
Spain,  5 ;  on  committee  to  in- 
vestigate Department,  30; 
moves  to  enlarge  Secretary's 
powers,  32;  reports  on  Living- 
ston 's  resignation,  38 ;  on 
functions  of  Department  of 
Foreign  Affairs,  45;  favors 
checking  negotiations  with 
Spain,  51;  on  removability,  61; 
on  committee  on  departments, 
63;  on  President's  power  over 
departments,  91;  opinion  on 
communications  to  states,  101 ; 
privateers'  instructions,  156; 
proposes  amendments  to  Con- 
stitution, 168;  reports  officers 
and     clerks,     191 ;     recommends 


INDEX 


453 


additional  Department,  210, 
211;  applications  for  office 
under,  273;   bust  of,  326. 

Mail  Division:    created,  226. 

Malloy,  William  M. :  edits  treaties, 
317. 

Mane,  William:   assistant,  201. 

Marchant,  Edward  Dalton:  por- 
traits of  Clay  and  Adams,  328. 

Marcy,  William  L. :  issues  Con- 
sular Regulations,  332. 

Marine,  Secretary  of:  proposed, 
57. 

Marschalk,   Andrew:    clerk,   238. 

Marshall,  John:   salary,  191. 

Marshals,  Federal :  correspond 
with  State  Department,  128. 

Matthews,  George:  on  committee 
on  new  Department,  71. 

Maury,  Fontaine:  clerk,  201. 

Medals  for  Foreign  Ministers,  113. 

Middleton,  Arthur:  on  committee 
on  seal,  250. 

Miller,  John  C. :  clerk;  salary,  191. 

Ministers  Abroad:  mode  of  living, 
28. 

Mint:  under  State  Department, 
93. 

Monroe,  James:  on  committee  to 
define  Department 's  duties,  46 ; 
in  War  of  1812,  196;  reports 
on  records  saved,  199;  recom- 
mends new  Department,  211 ; 
applications  for  office  under, 
273;  plans  publication  of  laws, 
285 ;  manuscripts  of,  323. 

Moore,  John  Bassett :  edits  Inter- 
national Law  Digest,  318;  edits 
International   Arbitrations,   320. 

Morocco:   consul  at,  110. 

Morris,  Gouverneur:  on  commit- 
tee on  ceremonial  with  French 
minister,  9 ;  instructs  peace 
commissioners,       11;       proposes 


Council  of  State,  55;  salary, 
113. 

Morris,  Lewis  E. :  First  Under- 
Secretary  for  Foreign  Affairs, 
18;   salary,  30,  36;  leaves,  40. 

Morris,  Eobert:  on  committee  to 
prepare  instructions  for  com- 
missioners, 4;  on  Committee  of 
Secret  Correspondence,  5;  on 
Committee  for  Foreign  Affairs, 
6. 

Morris,  Thomas :  commercial 
agent,  5. 

Mosher,  Kobert  Brent:  custodian 
of  seal,  262. 

National  Museum,  The:  Declara- 
tion of  Independence  in,  306. 

Near  Eastern  Affairs,  Division  of: 
formed,  242;  salary  of  chief, 
245;   duties  of,  246,  424. 

Neutrality:  Portugal's  attitude,  7. 

Nominations :   form  of,  262. 

Norton,  Charles  Eliot:  on  seal  of 
U.  S.,  252. 

Oath  of  Office:  form  of,  98,  271. 

Okie,  Abraham:    Doorkeeper,  80. 

Olney,  Bichard:  asks  opinion  on 
mode  of  appointing  chiefs,  229; 
issues  rules  for  passports,  353 ; 
recommends  new  building,  430. 

Orphan  Asylum  Building:  occu- 
pied by  State  Department,  429. 

Osgood,  Samuel:  on  committee  on 
papers,  41 ;  on  committee  on 
Under-Secretary,  42 ;  Post- 
master-General, 93. 

Otis,  Samuel  A. :  on  committee  on 
Department,  49. 

Paine,  Thomas:  Secretary  of  Com- 
mittee for  Foreign  Affairs,  6. 


f.ri 


INDEX 


Palfrey,  William:  First  Consul, 
333. 

Pardons  and  Commissions,  Bu- 
reau: formed,  224. 

Pardons  and  Remissions,  Bureau 
of,  205. 

Pardons:  transferred  from  State 
Department,  130,  259. 

Passengers:   lists  of,  141. 

Passport  Bureau:  formed,  224; 
under  Bureau  of  Accounts,  239; 
separated,  239;  accountability, 
239;  name  changed,  240. 

Passports:  kinds  of,  350;  first 
issued,  351;  law,  353;  rules, 
353,  361,  381;  form,  354;  spe- 
cial, 355,  356;  fee,  356;  num- 
ber issued,  360;  qualified,  368; 
for  residents  of  insular  posses- 
sions, 373;  for  foreign  minis- 
ters, 378;   signature  of,  380. 

Patent:   first  one  issued,  118. 

Patent  Office:  formed,  118;  moved, 
121;  records  saved,  198;  ar- 
rangement,  205. 

Patents:  under  State  Department, 
117;  how  issued,  117;  commis- 
sioner created,  122. 

Paterson,  William :  on  committee 
to  form  Department  of  State, 
72. 

Peace,  Treaty  of,  with  Great 
Britain:    discussed,   11. 

Peale,  Charles  Willson:  portrait 
of  Washington,  330. 

Perkins,  James  Breck:  reports  on 
citizenship  and  expatriation,  366. 

Phillips,  William  Hallett:  editor 
International  Law  Digest,  318. 

Pickering,  Timothy:  Postmaster- 
General,  92,  93;  receipts  for 
Journal  of  Constitutional  Con- 
vention, 315. 

Pinckney,     Charles:      on     Under- 


Secretary,  46;  moves  authority 
to  inspect  letters,  47;  proposes 
Council  of  State,  56. 

Pintard,  John:   interpreter,  80. 

Pinto,  Isaac:  interpreter,  97. 

Piatt,  Zephaniah:  on  committee  to 
define  Department's   duties,   46. 

Pleasonton,  Stephen:  clerk;  sal- 
ary, 191;  duties,  192;  saves 
records,  196;  custodian  of  seal, 
261. 

Porto  Eico:  under  State  Depart- 
ment,   135;    transferred,    136. 

Portraits  of  Secretaries  of  State, 
327. 

Portugal,  King  of:  forbids  en- 
trance of  American  vessels,  7. 

Post-Office:  under  Treasury  De- 
partment, 93. 

Postal  Conventions:  how  made, 
396. 

President  and  Vice-President: 
election  of,  158 ;  special  election, 
166;  refusal  of  election,  167; 
resignation,  167. 

President,  The:  power  over  State 
Department,  84,  91 ;  over  for- 
eign affairs,  105;  over  clerks, 
189;  reports  on  foreign  affairs, 
321. 

Privateering:   regulations,   152. 

Prussia:   envoy  to,  5. 

Public  Lands:  under  Treasury 
Department,   136. 

Putnam,  Rufus:  Judge  in  North- 
western Territory,  90. 

Randolph,  Edmund:  on  committee 
to  confer  with  Livingston,  20. 

Read,  George:  nominated  for  Sec- 
retary of  Foreign  Affairs,  34; 
on  committee  to  form  Depart- 
ment of  State,  72. 

Read,     Jacob:     on    committee    on 


INDEX 


455 


Under-Secretary,  42;  on  com- 
mittee to  define  Department's 
duties,  46;  reports  on  Under- 
Secretary,  46. 

Registration  Abroad :  certificates 
filed,  382. 

Reid,  Randolph:  on  committee  on 
Department,  49. 

Relics  and  Presents,  326. 

Remsen,  Henry,  Jr. :  elected 
Under-Secretary  for  Foreign 
Affairs,  43;  keeps  records,  77, 
187;  has  charge  of  Foreign 
Affairs,  94;  Chief  Clerk,  95, 
187;  resigns,  95;  in  charge  of 
patents,  118. 

Remsen,  Ira:  on  Declaration  of 
Independence,   312. 

Revolutionary  Muster  Rolls:  sent 
to   War   Department,   325. 

Rittenhouse,  David:  makes  cent, 
93. 

Rockhill,  William  W. :  on  Seal, 
255. 

Rogers,  R.  E.:  on  Declaration  of 
Independence,   300. 

Rogers,  William  B. :  on  Declara- 
tion of  Independence,  299. 

Rolls  and  Library,  Bureau: 
created,  226;  dropped,  229; 
under  Third  Assistant  Secre- 
tary, 424;   duties,  425. 

Roosevelt,  Theodore:  orders  manu- 
scripts transferred,  324;  order 
for  consuls '  appointment,  335 ; 
for  student  interpreters,  341 ; 
rules  for  passports  for  residents 
of  insular  possessions,  374. 

Root,  Elihu:  creates  Bureau  of 
Citizenship,  241 ;  makes  rules 
for  passports,  381 ;  orders  re- 
classification of  archives,  418. 

Royal  Letters.     See  Letters,  royal. 


Ruggles,     Lemuel     W. :     dismissed 

from   State  Department,   190. 
Rush,    Richard:    plans   publication 

of  laws,  284. 
Russia:  minister  to,  29. 
Rutledge,  John:    on  committee  to 

confer   with   Livingston,   33 ;    on 

committee  on  seal,  250. 

Salaries:  of  secretaries,  29;  in 
Department  and  abroad,  30,  36; 
abroad,  107 ;  appropriations, 
188,  191,  201;  of  chiefs  of  bu- 
reau, 229,  230;  of  chiefs  of 
division,  244,   245. 

Santa  Cruz,  Island  of:  consul  for, 
116. 

Sargent,  Winthrop:  reports  on 
Territory  Northwest  of  the 
Ohio,  132,  133. 

Schenck,  Robert  C. :  editor  of  the 
laws,   283. 

Sehurz,  Carl:  calls  committee  on 
Declaration  of  Independence, 
298. 

Schuyler,  Philip:  nominated  for 
Secretary  of  Foreign  Affairs, 
34. 

Scott,  James  Brown :  member  of 
Citizenship  Board,  367. 

Scott,  John  Morin:  on  committee 
on  seal,  249. 

Seal,  Great.  See  Seal  of  the 
United  States. 

Seal  of  Department  of  State: 
authorized,  74;    adopted,  100. 

Seal  of  the  United  States:  to  be 
kept  by  Secretary  of  Foreign 
Affairs,  69;  act  for  safe  keep- 
ing, 71 ;  rules  for  affixing,  73 ; 
in  War  of  1812,  198;  kept  by 
Secretary  of  State,  248;  design 
of,  249;  reverse,  252;  first  use, 
252 ;  second  cut,  253 ;  later  seals, 


456 


INDEX 


253,  254;  use  prescribed,  256; 
"Great"  Seal,  255;  warrant 
for  affixing,  258 ;  to  what  affixed, 
259;  die,  260;  reverse,  260; 
custodians,  261. 

Secret  Correspondence,  Committee 
of:  formed,  3. 

Secret  Committee  of  Congress,  6. 

Sedgwick,  Theodore:  on  Home 
Department,  70 ;  proposes  change 
in  name  of  Department  of  For- 
eign Affairs,  70;  on  committee 
on  new  Department,  71;  offers 
bill,  72. 

Seward,  Frederick  W. :  calls  for 
reports  on  labor,  150. 

Seward,  William  H. :  proclaims 
amendment  to  Constitution,  174, 
176. 

Shand,  Miles  M. :  custodian  of 
seal,  262. 

Sherman,  John:  changes  name  of 
Bureau  of  Statistics,  235. 

Sherman,  Soger:  on  committee  on 
Under-Secretary,  42. 

Short,  William:  salary  as  Secre- 
tary to  Jefferson,  81. 

"Six  Buildings":  State  Depart- 
ment archives  in,  429. 

Smith,  J.  Laurence:  on  Declara- 
tion of  Independence,  300. 

Smith,  Jonathan  Bayard:  member 
of  Committee  for  Foreign  Af- 
fairs, 8. 

Smith,  John  N. :  clerk;  salary, 
191;  duties,  193. 

Smith,  Samuel  Harrison:  printer 
of  the  laws,  284. 

Smith,  William:  on  removability 
of  Secretary,  60,  64. 

Solicitor  of  Department:  provided 
for,  202;  manages  extradition, 
414. 


Spaight,  Richard  Dobbs:  on  com- 
mittee to  define  Department's 
duties,  46. 

Spain,  Treaty  with:  proposed,  4, 
5,   48. 

Sparks,  Jared:  edits  Diplomatic 
Correspondence,  319. 

Spofford,  Ainsworth  R. :  on  com- 
mittee on  Declaration  of  Inde- 
pendence,  298. 

Stalnaker,  Maud:   clerk,  238. 

State,  Department  of:  bill  intro- 
duced, 72;  act  passed,  72; 
duties,  73,  74;  to  have  old 
records,  74;  to  collect  state 
laws,  74;  chief  clerk,  75,  187; 
Acting  Secretary,  85 ;  deposit 
for  President's  papers,  87; 
scope  of,  91;  expense,  1790,  96; 
Seal,  1 00 ;  communicates  with 
State  Governments,  101;  patent 
business,  117;  copyrights,  122; 
census,  124;  Attorney-General, 
128;  judges,  marshals,  attor- 
neys, 128;  pardons,  130;  terri- 
torial affairs,  131 ;  Louisiana, 
134;  Porto  Rico,  135;  land 
patents,  136;  Yazoo  lands,  137; 
lists  of  passengers,  141 ;  immi- 
gration, 141 ;  impressments,  142 ; 
Biennial  Register  or  Blue  Book, 
143;  Commercial  Relations,  144; 
Consular  Reports,  147;  priva- 
teers, 152;  election  of  President, 
158;  to  receive  electoral  vote, 
159;  election  of  electors,  162; 
Amendments  to  Constitution, 
168;  International  Exposition, 
178;  salaries,  188,  191;  officers 
and  clerks,  1806,  191;  building, 
fires,  195;  records  saved,  196, 
199;  Assistant  Secretary,  202; 
Second  Assistant  Secretary,  202 ; 
Third  Assistant  Secretary,  202; 


INDEX 


457 


Examiner  of  Claims,  202;  Solici- 
tor, 202  ;  McLane  's  arrangement, 
203;  Bureaus,  203,  204;  hours 
of  business,  206,  225;  regula- 
tions, 207,  216;  enlargement 
recommended,  210;  arrange- 
ment, 221;  commercial  duties, 
231;  reorganized,  242;  Under- 
Secretary  and  Fourth  Assistant 
Secretary  proposed,  243 ;  act  to 
extend  commercial  interests, 
243 ;  Counselor,  244 ;  organiza- 
tion of,  245;  rank  of  officers, 
247;  custody  of  laws,  275; 
annual  report,  321;  relics,  326; 
portraits,  327;  records,  414; 
distribution  of  functions,  423; 
buildings,  427. 

State,  Secretary  of:  Secretary  of 
Congress,  55;  compensation  of, 
75;  subordinate  to  President, 
84;  premier,  91;  manages  Mint, 
93;  impressments,  142;  to  call 
election  of  President,  166;  may 
succeed  to  Presidency,  167; 
Assistants,  202;  powers  of,  227. 

States,  Governors  of:  correspond- 
ence with,  101,  103. 

Statistical  Bureau:  formed,  223, 
231,   233. 

Statistical  Office,  144,  231,  232. 

Statistics,  Bureau:  salary,  229; 
change  of  name,  233. 

Statistics,  Superintendent  of,  233. 

Stone,  Walter:  clerk,  Department 
of  Foreign  Affairs;  salary,  37. 

Stone,  "William  J.:  engraves 
Declaration  of  Independence, 
296. 

Student  Interpreters:  how  ap- 
pointed, 340,  341. 

Supreme  Court,  Chief  Justice:  to 
propose  changes  in  laws,  56; 
president  of  Council,  56. 


Swann,  Thomas :  Commissioner 
for  Claims,  139. 

Taft,  William  H. :  order  for  con- 
suls'  examinations,  339;  for 
secretaries   of   legation,   344. 

Taxation  in  Europe,  151. 

Taylor,  George,  Jr. :  clerk,  80 ; 
Chief  Clerk,  95. 

Telegraph  Operator,  224. 

Territorial  Affairs:  under  State 
Department,  131 ;  transferred, 
135. 

Territorial  and  Domestic  Becords, 
Bureau  of:    formed,  226. 

Tetard,  John  P.:  clerk  and  inter- 
preter— Department  of  Foreign 
Affairs:   salary,  30,  37. 

Thom,  Christopher  S. :  clerk;  sal- 
ary, 191;   duties,  192. 

Thomas,  Isaiah,  Jr. :  copyrights 
Spelling  Book,   123. 

Thomson,  Charles:  transfers  rec- 
ords, 75;  on  committee  on  seal, 
250. 

Thornton,  William:  First  Super- 
intendent of  Patents,  119,  187; 
salary,   193;   saves  records,   198. 

Thurston,  Thomas  L. :   clerk,  201. 

Tiffany  &  Co. :  make  seal,  253. 

Trade  Kelations,  Bureau  of: 
formed,  231;  duties,  236,  424; 
abolished,  247;  office  under 
Director  of  Consular  Bureau, 
424. 

Translating  and  Miscellaneous 
Bureau,  205. 

Translations,  Bureau  of:  formed, 
223. 

Translator  and  Librarian:  duties, 
208. 

Translator:  salary,  97;  duties, 
215. 


458 


INDEX 


Translators:  under  Chief  Clerk, 
424;   duties,  425. 

Treasury  Department:  proposed, 
59,  62;  disclosures  in,  99;  has 
State  Department  archives  tem- 
porarily,  428. 

Treasury,  Secretary  of:  accounta- 
bility, 84. 

Treaties:  how  negotiated  and  rati- 
fied, 48;  how  published,  276, 
315,  316;  how  made,  397;  how 
sent  to  Senate,  399 ;  ratifications, 
400;    proclamations,   402. 

Trenton  State  House:  used  for 
Department  of  Foreign  Affairs, 
428. 

Tripoli:  privateering  against,  157. 

Tucker,  Thomas  Tudor:  on  com- 
mittee on  Department,  49. 

Tuscany:   envoy  to,  5. 

Van  Berckel,  P.  J. :  minister  from 
Netherlands,   presented,   43. 

Van  Buren,  Martin :  recommends 
change  in  consular  system,  334. 

Varnum,  James  Mitchell:  nomi- 
nates Livingston  for  Secretary 
for  Foreign  Affairs,  16. 

Vergennes,  Count :  American 
agents  to  confer  with,  3. 

Viar,  Don  Joseph  de:  Charge  of 
Spain,  80. 

Vining,  John:  proposes  Home 
Department,  59,  68 ;  on  commit- 
tee on  departments,  62. 

Wagner,  Jacob:  Chief  Clerk;  sal- 
ary, 191;  duties,  192;  federal- 
ist editor,  194;  saves  records, 
195. 

War  Department:  proposed,  59, 
62;  bill  introduced,  64. 


War  Office:  has  State  Department 
archives    temporarily,    428. 

War,   Secretary   of:    proposed,   56. 

Waring,  Joseph:   messenger,  201. 

Washburne,  Elihu  B. :  portrait  of, 
329. 

Washington,  George:  asks  report 
on  Department,  75;  declines 
direct  communication  with  min- 
ister, 104;  applications  for  office 
under,  273;  commission  as  Com- 
mander-in-Chief, 306 ;  sends 
journal  of  Constitutional  Con- 
vention to  State  Department, 
314;  manuscripts,  323;  sword 
of,  326 ;  portrait  of,  330. 

Webster,  Daniel:  letter  on  com- 
merce, 145,  231;  has  new  seal 
made,   253;    portrait   of,   329. 

Weightman,  Boger  C. :  printer  of 
the  laws,  284. 

Wentworth,  Paul:  agent  of  New 
Hampshire,   1. 

Western  European  Affairs,  Divi- 
sion of:  formed,  242;  duties  of, 
246,  424. 

Wharton,  Francis:  edits  Inter- 
national Law  Digest,  318;  edits 
Diplomatic  Correspondence,  319. 

White,  Alexander:  on  remova- 
bility, 61;  on  Home  Depart- 
ment, 69. 

Whitehouse,  James  Horton:  de- 
signs seal,  253. 

Whitmore,  William  H. :  on  Seal 
of  U.  S.,  252. 

Wilson,  James:  on  committee  on 
neutrality,  7. 

Winsor,  Justin:  on  Seal  of  U.  S., 
252. 

Witherspoon,  John :  on  Committee 
of  Secret  Correspondence,  5; 
member  of  Committee  for  For- 
eign   Affairs,    8 ;    on    committee 


INDEX 


459 


on  Jay's  expenditures,  12;  on 
committee  to  investigate  De- 
partment, 30. 

World's  Fair:  Boston,  181; 
Chicago,  182. 

Wynkoop,  Henry:  on  committee 
on  new  Department,  71. 

Wythe,   George:    on   committee   to 


prepare     instructions     for     com- 
missioners, 4. 

Yard,  James:  Consul  at  Santa 
Cruz,  116. 

Yazoo  Lands:  under  State  De- 
partment, 137. 

Young,  Moses:   clerk;   salary,  201. 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


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